498a quash Judgement 10.02.2022 - Karnataka High Court – General and Omnibus allegations made against the relatives of the husband. FIR Quashed.

 498a quash Judgement 10.02.2022 - Karnataka High Court – General and Omnibus allegations made against the relatives of the husband. FIR Quashed.

498a quash Judgement 10.02.2022 - Karnataka High Court – General and Omnibus allegations made against the relatives of the husband. FIR Quashed.
498a quash Judgement 10.02.2022

Read More Judgements on 498a Quash


E Lokanath Reddy vs State Of Karnataka on 10.02.2022

498a quash Judgement 10.02.2022 – In this article, the Karnataka High court has held that the allegations made against the relatives of the husband are general 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 the allegations made against the husband and the petitioner's in-laws are attributed to minor disputes and doesn’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 Judgement 10.02.2022

The wife lodged an FIR alleging that her marriage with the husband was solemnized on 31.03.2019 and at the time of marriage, the wife’s parents gave her one gold chain and a bracelet as demanded by the petitioners. The relationship between the parties was running smoothly in the initial years.

It is further alleged that after a few years of marriage the wife was subjected to cruelty and the petitioners’ started to demand dowry again and several other allegations were raised against the husband of the wife.

The allegations made against the petitioners is that in the month of November 2019, the petitioners came to visit the couple at the matrimonial home and secretly planned with the wife's husband, and raised a demand to the wife to clear all their debts by bringing dowry from the parental home. Therefore, she was subjected to cruelty.

The police registered the FIR lodged by the wife against the petitioners for the offenses punishable under Section 498A, 120B, 506, 420, 324, 323 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.

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Referred cases – 498a quash Judgement 10.02.2022

1. Preeti Gupta & Anr. V. State of Jharkhand

It was held by the court that if the husband and wife aren’t residing with the in-laws, then it would be inappropriate to prosecute the wife’s in-laws. In the present case, the wife has never resided with her in-laws at her matrimonial home except for short visits.

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Court Opinion - 498a quash Judgement 10.02.2022

After considering the contents of the FIR, and after examining the submissions made by the advocates for the parties it is undisputed that the petitioners are the permanent residents of Tirupati and the wife was residing along with her husband in Bengaluru.

The only allegation made against the petitioners is that in the month of November 2019, the petitioners came to visit the couple at the matrimonial home and secretly planned with the wife's husband, and raised a demand to the wife to clear all their debts by bringing dowry from the parental home. Therefore, she was subjected to cruelty.

It would now be right at this point to refer to the observations of the Apex Court in the landmark case of,

Kahkashan Kausar @ Sonam and Others v State of Bihar and Others,

wherein it was held that it wouldn’t be reasonable 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.

It is also observed on several occasions that a criminal trial that results in an ultimate acquittal leaves the accused with significant scars and that such an exercise should be avoided.

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Conclusion - 498a quash Judgement 10.02.2022

In this article, the Karnataka High Court has held that the allegations made against the husband and the petitioner’s in-laws are general and

omnibus when the above-mentioned circumstances are considered and there is no specific role alleged against the petitioners, it would not be fair for the petitioners to made them struggle with the difficulties of a trial.

Therefore, in view of the above-mentioned facts and arguments, the FIR against the petitioners under Sections 498A IPC stands quashed.


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