498A Charge Framing Order Quashed 03.06.2022 – District Court – General and bald allegations made against the father-in-law. Framing order Quashed.
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| 498A Charge Framing Order Quashed 03.06.2022 |
498A Charge Framing Order Quashed 03.06.2022 – In this article, the District Court has held that the FIR filed in this case has been filed against the mother-in-law, & the father-in-law. The father-in-law was framed wrongly and the charges framed against the father-in-law were therefore dismissed as general and Omnibus allegations were made against the him without quoting any specific incident which would attract the provisions of section 498A IPC. And hence, charges against the mother-in-law were not set aside and therefore was charged for section 406 and 498A IPC.
Case Brief – 498A
Charge Framing Order Quashed 03.06.2022
The
marriage of the husband and the wife was solemnized on 14.05.2010 according to
the rites and customs of their religion. Petty issues started to arise from
the very beginning of the marriage.
After two days of marriage, the
wife’s mother-in-law started taunting the wife for bringing less dowry articles
and for not bringing a motorcycle in the dowry. The wife told her mother-in-law
that her mother has spent all the money on her marriage, listening to which her
mother-in-law abused her and started beating her.
The wife then narrated the
entire incident to her husband, who suggested she should call her mother
and ask her to give a motorcycle as dowry. She then called her mother and narrated
the entire incident to her, who in return asked the wife to ask her husband to
visit her (mother of the wife) and the mother will hand over all the money
which she is having after adding some more money so that they can purchase a motorcycle.
The mother of the wife gave Rs.
25000/- in cash to the husband. When the wife asked her husband about how much money
her mother has handed over to him, to which her husband got annoyed and beat
the wife to her question about the amount as to how a motorcycle can be
purchased.
When the wife complained
about the beatings to her father-in-law, even he abused the wife and told her that her
husband is right and she should ask her mother to give her a motorcycle as dowry.
The husband, mother-in-law, and father-in-law used to beat the wife regularly on the account of less dowry
and used to harass her in many ways. One day the husband told the wife that he
cannot live with her as she has brought less dowry. And on another day her
mother-in-law, took all the wife’s jewelry articles and kept with her and
asked her to go to her parent's home, to which, the wife refused to do so,
whereupon mother-in-law threw her out of the house.
Hence, the present FIR under Section 498A, 406, 34 IPC was registered on the complaint of the wife.
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Read Latest Article- 498A Summons quashing 09.05.2022 - Allahabad High court - Magistrate passed order without applying judicious mind. Summons Quashed.
Read Latest Article- 498A quash judgement by Bombay High court- General and over-implicated allegations against the husband and the entire family. FIR Quashed.
Read Latest Article- 498A quash judgement 28.03.2022 - Karnataka High court - General and Omnibus allegations made against the relatives of the husband. FIR Quashed.
BUY "498A QUASH" - EBOOK - A GUIDE TO 498A QUASH
Arguments
– 498A Charge Framing Order Quashed 03.06.2022
Advocate appearing for
revisionists submitted that that Trial Court has committed grave illegality by
framing charge under Section 498A and 406 read with section 34 of the IPC against
the revisionists as the statement of the complainant is very general regarding
dowry.
As far as, the dowry demand
and harassment are concerned, no particulars were given as to the time and
nature of demand. The averments made in the complaint and evidence, are vague
and no specific demand is attributed to any of the revisionists.
Bringing less dowry does not
amount offence under section 498A of the IPC. In such circumstances, there is
no justification for framing charges under Section 498A IPC.
He also submitted that there is no evidence or material to substantiate
the allegation that there was ever any dowry demand made by the revisionists or
any harassment of the victim by the revisionists for dowry.
To constitute an offence under Section 498A IPC it is not mere bickering that would amount to an offence but it should be harassment of such a nature that would drive a woman to commit suicide. But no such harassment was done to the victim.
He further submitted that the impugned order is liable to be set aside
on the sole ground that the direction of framing charges against the
revisionists under section 406 IPC is illegal and the Trial Court has ignored
the entire material placed by the prosecution on record.
As per section 212 of the Code, when the accused is charged with
criminal breach of trust, dates between which the offence is alleged to have
been committed are required to be mentioned in the charge but no such dates are
mentioned in the charge. The advocate has supported its contentions by
referring to various case laws.
Additional Public Prosecutor
appearing for the state and the wife and the advocate appearing for the wife
opposed the revision petition stating that the trial court has rightly framed
the charges against the revisionists because there are materials available on
record for the same.
_________________________________________________________________________
Read Latest Article- 498A Summons quashing 09.05.2022 - Allahabad High court - Magistrate passed order without applying judicious mind. Summons Quashed.
Read Latest Article- 498A quash judgement by Bombay High court- General and over-implicated allegations against the husband and the entire family. FIR Quashed.
Read Latest Article- 498A quash judgement 28.03.2022 - Karnataka High court - General and Omnibus allegations made against the relatives of the husband. FIR Quashed.
BUY "498A QUASH" - EBOOK - A GUIDE TO 498A QUASH
Referred cases – 498A Charge Framing Order Quashed 03.06.2022
1. State of Bihar v. Ramesh
Singh
2. State of Delhi v. Gyan Devi
3. Anwar Beig & Anr. v.
State
4. State of Orissa v. Debendra
Nath Padhi
5. Sonu Gupta v. Deepak Gupta
6. State of Madhya Pradesh v. Jogendra
7. Raminder Singh v. State of
Punjab
8. Bachni Devi and Another v.
State of Haryana
9.
10. Satbir dalal & Ors. v. state (Govt of NCT of Delhi)
11. Main Pal v. State of Haryana
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Court
Opinion - 498A Charge Framing
Order Quashed 03.06.2022
The Trial Court has passed an impugned order at the stage of framing of
charges. The chargesheet was filed against the revisionist persons apart from
one other accused of the offences punishable under Section 498A and 406 read
with section 34 of the IPC.
Hence, the trial of warrant cases by Magistrates in cases instituted on a police report is required to be followed.
As far as the allegations in
respect of the offence under Section 498A IPC against the mother-in-law are
concerned, the Court from the allegations is of the view that there are
sufficient material allegations available against her to frame the charge for
said the offence.
In respect of the offence of
criminal breach of trust under section 406 of IPC is concerned, the wife raised
allegations only against her mother-in-law that one day her mother-in-law, took
all her jewelry articles and kept them with her.
The mother of the wife, in
her statement under section 161 of the Code has made allegations of keeping the
articles of her daughter (the wife) only against the mother-in-law of her daughter.
Hence, there are allegations regarding the offence under section 406 IPC
against the mother-in-law only.
There are no allegations
against the father-in-law about keeping the articles of the wife. To the courts’
knowledge, there is no ground to frame charges for the offence under section
406 of the IPC against the father-in-law.
Hence, the Trial Court has
committed an error in framing charges against the father-in-law, and therefore, the order of charge dated 09.09.2019 against him is set aside and he is discharged
for both the offences punishable under sections 406 and 498A of the IPC.
Insofar as charges against
the mother-in-law for the offences under Section 498A and 406 IPC is concerned, the same has been rightly framed by the Trial Court.
Therefore, the revision is partly
allowed.
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Conclusion - 498A
Charge Framing Order Quashed 03.06.2022
In this article, the District Court
has held that the charges framed against the father-in-law were
dismissed as it does not attract the provisions of Section 498A and 406 IPC. And
on the other hand charges framed against the mother-in-law were not set aside.
Hence, the District Court has allowed
the petition partly.
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