498a quash after chargesheet 10.02.2022 - Karnataka High Court – Stray and Omnibus allegations made against sisters-in-law, brothers-in-law, parents-in-law. FIR Quashed.
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| 498a quash after chargesheet 10.02.2022 |
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Smt.Sujata D/O Anant Midlagajani vs The State Of Karnataka on 10.02.2022
498a quash after chargesheet 10.02.2022 – In this article, the Karnataka High court has held that the allegations made against the sisters-in-law, brothers-in-law, father-in-law & mother-in-law are stray and omnibus in nature without quoting any specific incident against them. Further, the Karnataka High court has held that it is clear by reading the FIR that majorly the allegations are made against the husband who is not before this High court. The allegations made against the petitioner's in-laws are attributed to minor disputes and don’t attract the provisions of Section 498A IPC. Therefore, the Karnataka High court ordered to quash the proceedings against the petitioners.
Case Brief – 498A quash after chargesheet 10.02.2022
What is clearly understood from the complaint is that the relationship between the husband and the wife was getting strained with each passing day and soon it reached an inevitable stage, hence a legal notice was issued on 15.7.2019 seeking annulment of marriage, pursuant to which the husband filed a petition for divorce before the competent Court.
The marriage between the husband
and the wife was solemnized on 13.05.2018 according to the rites and customs of
their religion. The relationship between the husband and the wife was running smoothly
in the initial years.
After filing of the above-said
petition for divorce, a complaint is registered by the wife on 29.11.2019 for
the offenses punishable under Section 498A, 323, 504, 506 read with Section 34
of the Indian Penal Code, 1860.
The police after
investigation filed a chargesheet against all the petitioners in the matter. The relationship between the petitioners and the wife is required to be noticed
at the outset.
At that juncture, the
petitioners who are sisters-in-law, brothers-in-law, father-in-law &
mother-in-law of the wife have knocked on the doors of this Court to quash the
present petition.
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Read Latest Article- 498A quash judgement 10.02.2022 - Karnataka High court - General and omnibus allegations made against the relatives of the husband. FIR Quashed.
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Arguments – 498A quash after chargesheet 10.02.2022
Advocate appearing for the petitioners stated that the contents of the complaint would take this case before the court. He also contended that there are no allegations against any other family member of the husband who is the petitioner in this petition before this court.
Further, he stated that entire allegations made in the complaint are against the husband who is not before this Court. Therefore, the proceedings if allowed to be continued against the petitioners, would be an abuse of the process of law and it would be unfair for the petitioners to make them suffer through the process of complaint.
The advocate of the wife, on the other hand, counter the allegations made by the advocate of the petitioners by contending that the wife would vehemently refute the submissions made and contending that the complaint narrates certain specific circumstances against the other family members of the husband who are dragged into the criminal proceedings.
Issue Involved – 498a quash after chargesheet 10.02.2022
By reading the relevant facts and contentions made in the complaint by the Petitioners and the Respondents, in our considered opinion, the foremost issue which requires determination in the present case is whether allegations made against the in-laws petitioners are in the nature of general omnibus allegations and therefore liable to be quashed?
Referred cases – 498A quash after chargesheet 10.02.2022
1. Preeti Gupta & Anr. V. State of Jharkhand
2. Rajesh Sharma and Ors. Vs. State of Uttar Pradesh
3. Arnesh Kumar v. State of Bihar
4. Geeta Mehrotra and others v. State of Uttar Pradesh
5. G.V. Rao vs. L.H.V. Prasad
6. K. Subba Rao v. The State of Telangana
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Court Opinion - 498A quash after chargesheet 10.02.2022
After knowing the above-mentioned facts and reading the complaint it clearly brings out various cases of harassment both mentally and physically caused by the husband and nothing about the other petitioners except stray sentences with regard to the father-in-law without quoting any specific reference to any particular overt act by the father-in-law. Other family members who are the brothers-in-law and sisters-in-law are all dragged into the criminal proceedings without there being any specific allegation in the complaint.
Therefore, in the court's view, if a trial initiated against the family members who are the petitioners herein is allowed, it would be an abuse of the process of the law.
The court's view in this regard is fortified by the latest judgment of the Apex Court in Kahkashan Kausar @ Sonam and Others v State of Bihar and Others, wherein the Apex Court held as follows:
That it would be unreasonable to rope in the family members into the matrimonial litigation to the rigors of a trial, i.e., general and omnibus allegations cannot be raised in a situation where the relatives of the wife's husband are forced to suffer the harshness of the trial.
Before we delve deep into detail on the nature and content of allegations made, it becomes pertinent to mention that Section 498A IPC was incorporated to prevent cruelty committed upon a woman by her husband and her in-laws, by putting state intervention.
Therefore, the court following all the earlier judgments on the issue of dragging family members into the criminal proceedings without there being any allegations against them has reiterated the earlier judgments and has quashed all the proceedings against the family members.
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Conclusion - 498a quash after chargesheet 10.02.2022
In this article, the Karnataka High Court has held that the allegations made against the petitioner’s in-laws are stray and omnibus when the above-mentioned circumstances are considered as there is no specific role alleged against the petitioners, it would not be fair for the petitioners to made them struggle the difficulties of a trial.
Therefore, in view of the above-mentioned facts and arguments, the FIR against the petitioners under Section 498A IPC stands quashed.
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