498A Quash Judgement 03.01.2022 – Karnataka High Court – General allegations made against the husband, mother-in-law, sister-in-law, brother-in-law, and his wife are sweeping. FIR Quashed.

498A Quash Judgement 03.01.2022 – Karnataka High Court – General allegations made against the husband, mother-in-law, sister-in-law, brother-in-law, and his wife are sweeping. FIR Quashed.

498A Quash Judgement 03.01.2022 – Karnataka High Court – General allegations made against the husband, mother-in-law, sister-in-law, brother-in-law, and his wife are sweeping. FIR Quashed.
 498A Quash Judgement 03.01.2022

Read More Judgements on 498a Quash

Mohammed Waaris S/O Wazeersab vs State Of Karnataka on 3.01.2022

498A Quash Judgement 03.01.2022 – In this article, it is held by the Karnataka High court that the allegations made against the mother-in-law, sister-in-law, brother-in-law, and his wife are general and sweeping. It is clear by reading the complaint that the allegations are mainly made against the husband. Further, it was held by the Karnataka High court that the allegations are made against the petitioners just to rope them in the criminal proceedings and the offences stated in the complaint against them do not attract the provisions of Section 498A IPC. Hence, the high court passed an order to quash the proceedings against the petitioners.


Case brief - 498A Quash Judgement 03.01.2022

The wife alleged that the petitioners has caused harassment for the purpose of dowry demand therefore the wife lodged a complaint on 14.05.2014. Since the entire issues now spring from the complaint, the same is extracted here for the purpose of a quick brief on the case.

That the complainant is the legally wedded wife of the husband as their marriage had taken place on 18.01.2007 at the parents’ house of the wife in accordance with the caste, customs, and rituals prevailing in their community. It is stated that at the time of the marriage, the parents of the wife gave an amount of Rs.1 lakh, 10 tola gold, and household utensils as dowry.

After the marriage, the wife started to reside with her husband at her matrimonial home and the wife stated that the said marriage was also consummated. The wife and the husband lead a happy matrimonial life for about six years and during this wedlock period, the wife gave birth to three children.

After six years of matrimonial life, a different side of the husband was witnessed as a whole lot in his changed attitude. He started to hate his wife and started to insist she bring an additional Rs.1 lakh from her parents as dowry. And for this illegal demand, the husband, his mother, and his brother started ill-treating the wife subjecting her to all sorts of humiliation by causing assault, abuse, and by harassing her mentally.

The wife protested this illegal dowry demand due to the bad financial condition of her parents but the petitioners continue to ill-treat her. The wife continued to reside with her husband and bear all the ill-treatment meted out to her as a dutiful loyal wife.

About six months back the petitioners picked up a fight and assaulted the wife by raising foul abuses and thereby dragged her along with her children out of the matrimonial home and she’ll face dire consequences if she fails to bring the aforesaid dowry amount from her parents. Thereafter, the wife started to reside at her parents’ home along with her children.

Since then, the wife and her parents are making efforts for reconciliation but the petitioners have clearly refused to take back the wife and her children and also refused to provide any maintenance and thereby proclaiming that the husband will undergo second marriage very soon.

On 09.03.14 all the family members of the husband came to the wife’s parents’ home at that time the wife was alone in the home. The husband went inside the home and caught hold of his wife and dragged her by holding her hair and defamed her. Thereafter all the petitioners surrounded the wife and assaulted her with hands saying why didn’t you return to their home with the aforesaid dowry.

During the course of the assault, the wife cried for help and on hearing such a cry the witnesses named in the complaint came to the spot and rescued the wife from them. Then the petitioners went away threatening the wife that she’ll be killed if she fails to bring the said dowry.

Thereafter the wife on the same day went to the police station and narrated the incident. The police assured the wife to register a case against the petitioners and accordingly this complainant had waited all these days for the action of the Police. Under the circumstances, the wife has approached this Court today with this complaint.


Referred cases - 498A Quash Judgement 03.01.2022

1. Geeta Mehrotra and others v. State of Uttar Pradesh

In this case, when the brother and unmarried sister of the accused approached the High Court for quashing the proceedings against them, on the ground of lack of territorial jurisdiction and also on the ground that no case was made out against them under Sections 498A, 323, 504, 506 IPC including Sections 3 and 4 of the Dowry Prohibition Act.

It was the legal duty of the High Court to examine whether there was prima facie evidence against the petitioners so that they could be directed to undergo the trial, besides the question of territorial jurisdiction. The High Court seems to have overlooked all the pleas that were raised and rejected the petition on the sole ground of territorial jurisdiction giving liberty to the petitioners to approach the trial court.

The high court, therefore, deemed it just and legally appropriate to quash the proceedings initiated against the petitioners as the FIR does not disclose any material evidence which could be held to constitute any offence against the two petitioners.


2. Rashmi Chopra vs. State of Uttar Pradesh

A mere reading of the chargesheet discloses the fact that the petitioners are not the immediate family members of the husband. The petitioners are the distant relatives of the husband as they are the maternal uncles of the husband. Except for the bald and vague statement that they had supported the husband who was harassing the wife for dowry and that they conspired with the husband for taking away his child to the U.S.A., nothing else indicates their involvement in the crime as mentioned.

The petitioners approached the High Court when the investigation was pending. The chargesheet was filed for disposal of the case by the High Court.


3. Ramesh v. State of Tamil Nadu

4. Haryana v. Bhajan Lal

5. Kans Raj v. State of Punjab

6. Kailash Chandra Agrawal v. State of Uttar Pradesh

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Court opinion - 498A Quash Judgement 03.01.2022

After going through the complaint and the chargesheet the High court is of the view that the allegations made against the husband, mother-in-law, sister-in-law, brother-in-law & his wife are omnibus.

It is clear that majorly the allegations are made against the husband except the only allegation made against the other petitioners in the complaint is that they have mistreated the wife and caused mental torture to bring dowry from her parents.

After going through various landmark judgements, it is clearly understood that although the facts in that matter on this aspect were somewhat different since the complainant had lodged the complaint after a delay of seven years, in the present matter the factual position remains the same that the complaint lacks ingredients constituting the offence under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act against the petitioners who are sister and brother of the husband and their involvement in the whole incident appears only by way of casual involvement of their names.

Therefore, the proceedings if initiated against all the other petitioners i.e., the other family members of the husband, would lead to harassment of petitioners and would result in the miscarriage of justice.

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Conclusion - 498A Quash Judgement 03.01.2022

In this article, it is held by the Karnataka High court that in the light of the facts obtained in the present case and the law declared by the Apex Court in the afore extracted Judgments, the trial against other family members of the husband cannot be permitted to be continued, cause if permitted, it would amount to an abuse of the process of the law.

Therefore, it is a clear case where the Court having jurisdiction under Section 482 of Cr.P.C. should interfere with the pending proceedings notwithstanding the fact that the chargesheet is filed against all the petitioners and quash the proceedings against them.


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