498a quash judgement 08.02.2022 – Karnataka Court - Vague allegations against the distant relatives of husband. FIR Quashed.
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| 498a quash judgement 08.02.2022 |
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Laleeth Haran S/O Bhavarlal Haran vs The State And Anr on 8 February, 2022
498a quash judgement 08.02.2022 – In this article, the Karnataka High court has held that the allegations made against the distant relatives of the husband are general and vague in nature without quoting any specific incident against them. Further, the Karnataka high court has held that by going through the complaint it is clear that the allegations were made against the petitioners without neglecting the fact that they have never stayed with the couple in the matrimonial home. Since, no incident is recorded against them high court ordered to quash the proceedings against the petitioners.
Case Brief – 498a quash judgement 08.02.2022
The marriage of the wife and the husband was solemnized on 01.07.2009 in
Maheshwari Bhavan, as per the Hindu rites and customs. It was alleged that
during the time of marriage three tolas of gold and Rs.1 lakh cash and household
articles worth Rs. 1 Lakh were given as dowry to the husband.
It was also further contended that after the marriage the couple lived
happily nearly for about six months and thereafter, the husband and the distant
relatives of the husband started harassing the wife both physically and
mentally on the ground that the wife does not know how to prepare food and the wife
isn’t fit to be the daughter-in-law of the family.
In the meantime, the wife became pregnant and, on that note, she was properly
looked after by her husband’s relatives. Parallelly, there was a panchayath session
where the differences were sorted to some extent to be streamlined. Thereafter,
she was looked after properly for a brief period and again the petitioners
started harassing the wife and her son.
After that, the wife was asked to leave the matrimonial home and thereafter
she started living in her parental home along with her parents. Further, the wife
filed a case before the Yadgiri Court under the provisions of the Domestic
Violence Act. On 16.10.2021, when the wife attended the hearing in the Court, the
husband came there and assaulted the wife.
Because of the said complaint, the lady Police of Yadgiri District,
registered a case for the offence punishable under Section 498A, 323, 504 and
506 IPC. The Police are investigating the matter. In the meantime, the
petitioners have approached this Court for quashing the proceedings.
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Arguments - 498a quash judgement 08.02.2022
Advocate of the petitioners contended that contents of the complaint
aren’t true statements and a
false case has been registered against the petitioners herein. He has also stated
that the materials on record does not indicate the involvement of the petitioner
Nos.4 to 7 in the present case as they are not residing under one roof same as
matrimonial home of the wife.
He further stated that the petitioner Nos.2 & 3 are aged relatives of the husband and are suffering from old age problems as they are bedridden due to critical health conditions therefore, are sought for allowing the petition.
The Government Pleader of the High court for the wife stated that, counters
by stating that the wife has not been properly looked after. There are contents
in the complaint which would indicate that all the petitioners are involved in
harassing the wife and sought for dismissal of the petition.
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Court
Opinion - 498A Quash after chargesheet 08.02.2022
However, all the
petitioners are residing in a different place and not with the couple in the
matrimonial home, in a separate house. These aspects are sufficient for
considering the prayer of the petitioners.
High Court viewed, that the relationship between the wife and the husband
stands strained. Already litigation is going on between the wife and the husband
which is pending before the Yadgiri Court. By reading the complaint it is
understood that the allegations in the complaint make out a case that the
petitioners have harassed the wife. The wife and her son is now residing in her
parental home along with her parents.
In this matter, it is common that the relatives of the husband are unnecessarily
dragged in. Vague allegations are raised against the petitioners.
Since the evidence on
record would indicate that the incidents have taken place earlier and there is
no specific allegations found in the complaint, the continuation of the proceedings
against the petitioners would result in abuse of the process of law and therefore, proceedings
are quashed for the proceedings by exercising power under Section 482 of Cr.P.C.
Court Opinion - 498A Quash after chargesheet 08.02.2022
However, all the petitioners are residing in a different place and not with the couple in the matrimonial home, in a separate house. These aspects are sufficient for considering the prayer of the petitioners.
High Court viewed, that the relationship between the wife and the husband
stands strained. Already litigation is going on between the wife and the husband
which is pending before the Yadgiri Court. By reading the complaint it is
understood that the allegations in the complaint make out a case that the
petitioners have harassed the wife. The wife and her son is now residing in her
parental home along with her parents.
In this matter, it is common that the relatives of the husband are unnecessarily dragged in. Vague allegations are raised against the petitioners.
Since the evidence on record would indicate that the incidents have taken place earlier and there is no specific allegations found in the complaint, the continuation of the proceedings against the petitioners would result in abuse of the process of law and therefore, proceedings are quashed for the proceedings by exercising power under Section 482 of Cr.P.C.
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Conclusion - 498A Quash after chargesheet 08.02.2022
In this article, the Karnataka High court has held that the allegations made against the distant relatives of the husband are vague as no specific incident is quoted in the FIR against them except the few statements.
Therefore, in the light of the aforesaid facts and circumstances dragging the relatives of the husband 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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