498A Quash after chargesheet 04.02.2022 – Karnataka High court – Allegations made against the mother-in-law are General and Bald. FIR Quashed.

 498A Quash after chargesheet 04.02.2022 – Karnataka High court – Allegations made against the mother-in-law are General and Bald. FIR Quashed.

498A Quash after chargesheet 04.02.2022 – Karnataka High court – Allegations made against the mother-in-law are General and Bald. FIR Quashed.
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.


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

A bare reading of the chargesheet discloses the fact that the petitioners are the distant family members of the husband. They are the maternal uncles of the husband. Apart from the fact that they supported the husband who abused his wife with a dowry and that they conspired with her husband to take her child to the U.S.A., nothing else indicates their involvement in the mentioned crime. Therefore, the petitioners approached the High Court when the investigation was pending. After the disposal of the case by the High court, the chargesheet was filed later on.

3. Mrs. Prabhavati Gujar and Anr v. State of Karnataka
4. Preeti Gupta and Anr v. State of Jharkhand

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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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