498A Quash after chargesheet 04.02.2022 – Karnataka High court – Allegations made against the mother-in-law are General and Bald. FIR Quashed.
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| 498A Quash after chargesheet 04.02.2022 |
Smt.Suvarnalata W/O Gurupadappa ... vs Shri.Vijayalaxmi ... on 4 February, 2022
498A
Quash after chargesheet 04.02.2022 – In this article, the Karnataka High court
has held that the allegations made against the Mother-in-law are general in
nature without quoting any specific incident against her except the statement
that she has forced the husband to ill-treat the wife. Further, the Karnataka
high court has held that by going through the complaint it is clear that
majorly the allegations are made against the husband only few bald statements
are made against the mother-in-law of the wife. Since no incident is recorded
against the mother-in-law high court ordered to quash the proceedings against
the petitioners.
Smt.Suvarnalata W/O Gurupadappa ... vs Shri.Vijayalaxmi ... on 4 February, 2022
Case Brief – 498A Quash after chargesheet 04.02.2022
The husband and the wife got married on 26.06.2002 as per
the rituals and customs of their religion. After the marriage, two children were
born out of wedlock aged 15 years and 11 years.
The wife has alleged in the complaint that her husband used
to torture the wife right
from the date of marriage both physically and mentally. And as time has
harassed the wife and blackmailed the wife for a divorce. On that score, the wife
has now started to live at her parents' home along with her parents.
Further, it
is alleged by the wife in the complaint that the husband has developed a certain
relationship outside of the wedlock. On that ground, the complainant i.e.; the
wife has registered the present complaint on 19.03.2018 alleging the above-mentioned
offenses punishable as aforesaid.
The only
allegation made against the petitioner i.e.; the mother-in-law, is that the
mother-in-law has on certain occasions instigated the husband to harass the wife.
Otherwise, the allegations in
the complaint are majorly made against the husband.
The consideration of the complaint and the chargesheet as quoted above will leave no one in doubt that the only allegation against the petitioner is advising the husband to harass the complainant. Except, for this statement,
there is no allegation that would attract the provisions under Section 498A and 323 of IPC or Section 504 of IPC.
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Read Latest Article- 498A quash judgement by Gujarat High court- Omnibus allegations made against three married sisters-in-law & brother-in-law. FIR Quashed.
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Referred cases – 498A Quash after chargesheet 04.02.2022
1. Geeta Mehrotra and others v. State of Uttar Pradesh
In this case, the brother and unmarried sister of the husband approached the High Court for quashing the proceedings initiated against the petitioners, on the ground of lack of territorial jurisdiction and on the ground as no case was made out against them under Sections 498A, 323, 504, & 506 IPC including Sections 3 & 4 of the Dowry Prohibition Act.
It's the legal duty of the High Court to check whether there was any evidence against the petitioners that they should undergo the trial, as there was the question of territorial jurisdiction. The High Court overlooked all the pleas that were raised against them and rejected the petition on the ground of territorial jurisdiction.
But as the contents of the FIR did not disclose any specific allegations against the brother and sister of the wife’s husband except for the casual reference of their names, it would not be fair to make them suffer through the criminal procedure especially when the FIR does not disclose any material evidence against them.
Therefore, the court deem it just and legally appropriate to quash the proceedings initiated against the petitioners.
2. Rashmi Chopra vs. State of Uttar Pradesh
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Court Opinion - 498A Quash after chargesheet 04.02.2022
After reading the complaint and the chargesheet the Karnataka High court is of the view that the allegations are mainly made against the husband except for a few bald and general allegations made against the mother-in-law.
Though the name of the mother-in-law has been mentioned in the complaint, however, there are no specific allegations prescribing any role against the mother-in-law except common general and sweeping allegations against her.
Even if the allegations made against the mother-in-law are held to be proved, no case is made out against her. In view of the same, the continuation of the proceedings against the mother-in-law would be an abuse of the process of the law. Therefore, no triable case is there against the mother-in-law.
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Conclusion - 498A Quash after chargesheet 04.02.2022
In this article, the Karnataka High court has held that the allegations made against the mother-in-law are general and bald as no specific incident is quoted in the FIR against her except the statement that she forced the husband to ill-treat the wife. It is clear from reading the case paper that mainly the allegations are against the husband who is not before the High Court.
Therefore, in the light of the aforesaid facts and circumstances dragging the mother-in-law into the criminal proceedings would result in a miscarriage of justice and be an abuse of the process of the law.
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