498A quash after chargesheet 15.02.2022
- Karnataka High Court – Stray statements made against the husband’s family and
a stranger. FIR Quashed.
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| 498A quash after chargesheet 15.02.2022 |
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Ishwar Bheemappa Talawar vs The State Of Karnataka on 15.02.2022
498A quash after chargesheet 15.02.2022 – In this article, the Karnataka High court has held that the allegations made against the husband’s family and a stranger are only stray statements made by the wife without quoting any specific incident against any of the petitioner. Further, the Karnataka High court has held that it is clearly stated in the FIR that most of the allegations are made against the husband and all the petitioners are just dragged into the criminal proceedings just to make them go through the difficulties of trial. Otherwise, the allegations made against the petitioners only 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 petitioners.
Case Brief – 498A quash after chargesheet 15.02.2022
The marriage
of the wife and the husband was solemnized on 19.04.2017 as per the rites and
customs of their religion. Various allegations have
been made by the wife right from the date of her marriage.
The allegations made against the husband were meeting out torture both
physically and mentally. It is known that the wife has left the matrimonial home
and started residing in her parents’ home along with her parents.
Further, the wife has stated that the present petitioners i.e.; the
father-in-law and mother-in-law of the wife brought her to her matrimonial home
after sorting the things out. But soon after her return to her matrimonial home
again harassment was meted out to her.
On the account of this, a complaint has been registered on 15.09.2017 before
the jurisdictional police for the above-mentioned offences. The police, after
investigation, has filed a chargesheet against the petitioners and other
accused in the crime. It is at this point that the petitioners have knocked the
doors of this Court to quash the criminal proceedings.
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Read Latest Article- 498A quash judgement 15.02.2022 - Karnataka High court - Bald and Omnibus allegations made against the husband's entire family. FIR Quashed.
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Arguments – 498A quash after chargesheet 15.02.2022
The advocate appearing for the petitioners argued and contended that the petitioners in the present case are the father-in-law and the mother-in-law of
the wife and petitioners i.e.; the sister-in-law and her husband and a broker
who allegedly negotiated the marriage between the couple filed another criminal
petition.
No allegation is made in the entire complaint either against the father-in-law,
mother-in-law, sister-in-law and her husband or any other stranger. The allegations
made in the complaint are only against the husband who has allegedly tortured both
physically and mentally the wife. All the other family members of the husband
are just simply dragged into the criminal proceedings.
He further submitted that there is no evidence to support what is being alleged in the
complaint by the wife. And even if on the basis of the contents made in the FIR
are taken at its face value, none of the offences which have been raised by the
wife against the petitioners in the chargesheet is made out.
Advocates for the State and for
the wife jointly submitted that after the FIR was registered, chargesheet was
filed only after an investigation was conducted. At least it can be assumed
that a prima facie case against her is made out. The High Court has appreciated
the material and evidence available on record and found no reason to interfere
in its inherent jurisdiction under Section 482 Cr.PC and the impugned judgment
need no further interference of this Court.
Referred cases – 498A quash after chargesheet 15.02.2022
1. State of Haryana v. Bhajan Lal
2. Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra
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Court Opinion - 498A quash after chargesheet 15.02.2022
A bare reading of the complaint clearly indicates that entire allegations are made against the husband and stray sentences of dowry demand are made against the mother-in-law.
There is no such illegal act alleged for attracting the provisions under Section 498A or 323 IPC home. Against the husband, there were various circumstances of torture alleged in the complaint. The petitioners, who are the father-in-law, mother-in-law, sister-in-law and her husband and the broker are without any solid reasons dragged into these criminal proceedings.
The allegations which are made in the FIR or the complaint, even if they are taken at their face value and accepted in their entirety still don’t constitute any offence nor make out a case against the petitioners.
In the given circumstances and going through the complaint on the basis of which FIR was registered and other material placed on record, the court is of the considered view that no offence of any kind as has been alleged in the FIR, has been made out against the petitioners and if the court allows the criminal proceedings to continue, it will be a clear abuse of the process of law and will be mental torture to the petitioners which has been completely overlooked by the High Court while dismissing the petition filed at the wife’s instance under Section 482 Cr.PC."
In the light of the facts obtained in the present case and the judgment of the Apex Court, the court deems it appropriate to allow these criminal petitions and obliterate criminal proceedings against the petitioners.
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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 family members of the husband and a stranger who all are the petitioners in the case are just stray statements made by the wife considering the above-mentioned circumstances as no specific role are 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 petitioners is quashed.
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