498A
quash after chargesheet 15.02.2022 - Karnataka High Court – Bald and Omnibus allegations
made against the husband's entire family. FIR Quashed.
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| 498A quash after chargesheet 15.02.2022 |
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Zubair S/O Mahaboobsab Malagi vs The State Of Karnataka on 15 February, 2022
498A quash after chargesheet 15.02.2022 – In this article, the Karnataka High court has held that the allegations made against the husbands’ relatives are bald and omnibus in nature without quoting any specific incident against them. Further, the Karnataka High court has held that it is crystal clear by reading the FIR that most of the allegations are made against the husband and the petitioners are just dragged into the criminal proceedings just to make them suffer through the trial. Otherwise, the allegations made against the petitioner's in-laws contribute to minor disputes and don’t attract the provisions of Section 498A IPC. Therefore, the Karnataka High court ordered to quash the criminal proceedings initiated against the family members except for the husband.
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Case Brief – 498A quash after chargesheet 15.02.2022
The marriage
of the wife and the husband was solemnized on 03.01.2011 as per the rites and customs
of their religion and from their wedlock two children were born to the couple. Immediately
after the marriage, the relationship between the husband and the wife and with
the other family members was running smoothly in the matrimonial home.
It is noticed that the relationship of the wife and the husband became
sore after some time, which in the end resulted in the wife leaving the
matrimonial home and starting residing at her parents' home. After which, the present
complaint was registered before this court for the offense punishable as
aforesaid.
The following mentioned is the relationship between the parties to the list.
The prime petitioner is the
husband of the wife. One of the petitioners dies during the pendency of these
proceedings. Other petitioners are the mother-in-law, the brother-in-law, his
wife, the sister-in-law, and her husband.
After investigation, the police have also
filed a chargesheet in the matter. It is the registration of the present complaint
by the wife on 28.02.2020 and filing of the chargesheet that drives the
petitioners to this Court in the subject petition.
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Arguments – 498A quash after chargesheet 15.02.2022
The advocate for the petitioners contended
that by looking at the complaint it would indicate that
no allegations were made against the other family members, while there could be
allegations against the husband and would submit that the other family members
who do not reside along with the couple are forcefully dragged into the
criminal proceedings.
On the
other hand, the advocate appearing for the wife in counter refutes the
submissions made by the advocate of the petitioners and contended that all the family member of the husband were staying
together at the matrimonial home, would however restrict his case only against
the husband, as the allegations in the complaint are only against the husband.
Referred cases – 498A quash after chargesheet 15.02.2022
1. Rajesh Sharma and Ors. Vs. State of Uttar Pradesh
2. Arnesh Kumar v. State of Bihar
3. Preeti Gupta & Anr. V. State of Jharkhand
4. Geeta Mehrotra and others v. State of Uttar Pradesh
5. G.V. Rao v. L.H.V. Prasad
6. K. Subba Rao v. The State of Telangana
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Court Opinion - 498A quash after chargesheet 15.02.2022
After looking at the complaint and chargesheet filed in the present case after investigation and after knowing the above-mentioned facts and submissions made by the respective advocates this court is of the view that there are no allegations either in the complaint or in the chargesheet against other family members, except against the husband.
In the light of the complaint, as it doesn’t make out any offense or allege any illegal act committed by other family members, or the offense punishable under Section 498A IPC or any other offense alleged doesn’t even link any of the situations to the petitioners except the husband.
Therefore, allowing the trial to continue against all the family members of the husband would result in a miscarriage of justice and the process of law. The Hon'ble Apex Court in its latest judgment has deprecated the habit of the wives of dragging all other family members of the husband in the proceedings while allegations remain against the husband by making vague and bald allegations against other family members of the husband.
The Hon'ble Apex Court in the landmark case of Kahkashan Kausar @ Sonam and Others v State of Bihar and Others, has held that:
“it wouldn’t be reasonable to drag in the husband’s family members into the matrimonial litigation to the rigors of a criminal trial, i.e., bald and omnibus allegations can’t be raised in a scenario where the relatives of the husband are forced to suffer the difficulties of the trial.”
Therefore, upon consideration of the relevant circumstances and in the absence of any specific role attributed to the petitioners, it would be unjust if the petitioners are forced to go through the proceedings of a trial, i.e., general and omnibus allegations cannot manifest in a situation where the relatives of the wife's husband are forced to undergo trial.
Therefore, in view of the preceding analysis, in the light of the complaint or chargesheet not making out any offense against other family members of the husband, permitting trial to be continued against all other family members, except the husband, would result in the miscarriage of justice.
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Conclusion - 498A quash after chargesheet 15.02.2022
In this article, the Karnataka High Court has held that the allegations made against the petitioner’s in-laws are bald and omnibus when the above-mentioned circumstances are considered as no specific role is attributed against any of the petitioners, and it wouldn’t be fair for the petitioners to made them suffer the difficulties of a trial.
Therefore, keeping in mind the above-mentioned facts and arguments, FIR against the family members except the husband is quashed.
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