498A Quash judgement 31.01.2022 - Karnataka High court - Allegations made against the sister-in-law are vague in nature. FIR Quashed.
 |
| 498A Quash judgement 31.01.2022 |
Read More Judgements on 498a Quash
Anup Dayanand @ Dondiba Malli vs State Of Karnataka And Anr on 31.01.2022
498A Quash judgement 31.01.2022 - In this article, the Karnataka High court has held that the allegations made against the sister-in-law are vague in nature. Further, it was held that it was clear by reading the chargesheet that the sister-in-law is residing in her matrimonial home along with her husband. Therefore, the allegations made against the petitioner are made in the complaint without quoting any specific incident. Therefore, the proceedings against the petitioner are quashed.
Case Brief - 498A Quash judgement 31.01.2022
The marriage of the wife and the husband was solemnized on 07.12.2019 in Vijayapur in accordance with the rituals and customs followed in their religion. After the marriage, the wife was residing at her matrimonial home.
It is alleged that at the time of marriage two tola gold and household articles worth rupees 10 lakhs were given as dowry. Thereafter, she was residing at the matrimonial home. The husband of the wife is engaged in the job of a courier agent and her father-in-law is engaged in the job of an Insurance Agent, her mother-in-law and her sister-in-law were residing in the same matrimonial home.
Approximately a week before the date of the complaint, all the petitioners abused her on the account of non-fulfillment of the dowry demand and asked for an additional dowry, and started harassing her physically and mentally. It is also alleged that her husband used to return back to the matrimonial home very late in the evening and thereafter he used to stay with other ladies and used to sleep with his mother in a separate room.
And whenever the wife demanded his husband’s company, he used to abuse her and demanded additional rupees 30 lakhs as dowry. He also used to body shame his wife saying that she is not a good-looking lady. The husband has also asked her to commit suicide. Based on the said complaint, police have registered the case and filed a chargesheet against the petitioners herein.
_______________________________________________________
Read Latest Article- 498A quash judgement by Karnataka High court- General allegations made against the mother-in-law, brother-in-law, & sister-in-law. FIR Quashed.
BUY "498A QUASH" - EBOOK - A GUIDE TO 498A QUASH
Arguments - 498A Quash judgement 31.01.2022
Advocate of the petitioners stated that even according to the investigation of the police, the sister-in-law is residing in Shivajinagar, and not under the same roof i.e.; matrimonial home of the wife along with the couple and other petitioners.
He further stated that other petitioners are also innocent. The offenses alleged against them and filing a complaint about the same offenses punishable under Section 498A IPC coupled with the Dowry Prohibition Act would only result in the permanent disharmony between the parties and the marriage would be a failure and it affects the matrimonial relationship and sought for quashing of the complaint and chargesheet.
He also stated that the evidence on record does not state any of the ingredients which will attract the offenses alleged against the accused and sought for quashing of the complaint.
The Government Pleader stated in his counterpart that the complaint states just because the sister-in-law is living separately in a different residence different from the matrimonial home would not affect the criminal acts committed by her and used to visit the matrimonial home being her parental home and has instigated the other petitioners in committing the alleged acts and sought for dismissal of the petition.
Court opinion - 498A Quash judgement 31.01.2022
After going through the chargesheet it is clear that the allegations made against the sister-in-law are vague in nature. It is clear that she is residing separately along with her husband in her respective matrimonial home in Shivajinagar. The continuation of the criminal proceedings against the sister-in-law herein would result in abuse of process of law and accordingly the case is made out by the sister-in-law to quash the proceedings initiated against her. However, the same is not the case of the other petitioners. Accordingly, the proceeding against her is quashed.
When such is the situation when she is not residing in the same roof, vague allegations in the complaint and the statements made by the charge-sheet witnesses that accused No.4 was also involved in harassing the complainant both physically and mentally cannot be countenanced by this court.
This court on understanding of the materials on record is satisfied that the allegations made against the sister-in-law in the form of statements given in the chargesheet witnesses and the complaint made against the sister-in-law is vague in nature without there being any specific allegations.
_______________________________________________________
Read 10 Tips to Counter Claim of Maintenance under Section 125 CrPC. when life leaves the husband without any reasonable cause and maintenance can be denied.
Contact For Counseling to discuss Your case For Right Solutions
Conclusion - 498A Quash judgement 31.01.2022
In this article, the Karnataka High court held that the allegations made against the sister-in-law are vague in nature as no specific incident is quoted in the FIR against the sister-in-law. This court on the materials on record as evidence is satisfied that the allegations made against the sister-in-law in the form of statements given by the chargesheet witnesses the complaint made against the sister-in-law are vague without there being any specific allegations.
Follow us On Facebook, Youtube, Twitter , Instagram
Join Facebook Group - Apaizers Mens Rights
Blogger Comment
Facebook Comment