498A quash after chargesheet 02.03.2022 - Bombay High Court – Over-Implicated allegations made against the entire family of the husband are absurd. FIR Quashed.
 |
| 498A quash after chargesheet 02.03.2022 |
Read More Judgements on 498a Quash
Anil Kishanrao Chavhan And Others vs The State Of Maharashtra on 2.03.2022
498A quash after chargesheet 02.03.2022 – In this article, the Bombay High court has held that the allegations made against the entire family of the husband are over implicated. It is clear from reading the complaint that majorly the allegations are made against the husband whose application has been withdrawn. Further, the Bombay High court has held that the allegations made against the entire family of the husband are general and absurd in nature and are forcibly dragged in the present criminal proceedings. Therefore, the Bombay High court quash the proceedings initiated against the petitioners.
Case Brief – 498A quash after chargesheet 02.03.2022
The husband
and wife got married as per the rites and customs in their religion. Soon after
the marriage, the marital issues started to rise between the couple.
This resulted
in the filing of a complaint by the wife which turned into an FIR in which the
wife has stated allegations against the husband and the entire family of the
husband. By reading the contents of the FIR it is clear that majorly the
allegations are made against the husband. The allegations made against the
family members of the husband are general and absurd in nature.
It is a
clear case of over-implication dragging the entire family of the husband into
the criminal proceedings initiated against them. Therefore, the petitioners are seeking quashing of the FIR registered
with the Police Station, for the offense punishable under Section 498A, 323,
504, 506, 34 of the IPC and also seeking quashing of the proceedings pending
before the Judicial Magistrate.
_________________________________________________________________________
Read Latest Article- 498A quash judgement 25.02.2022 - Gujarat High court - General allegations made against the married sister-in-law and other family members. FIR Quashed.
BUY "498A QUASH" - EBOOK - A GUIDE TO 498A QUASH
Arguments – 498A quash after chargesheet 02.03.2022
The advocate for the petitioners submitted that majorly the allegations have been made against the husband, whose application seeking quashing of the proceedings came to be withdrawn today.
He further submitted that though the names of the petitioners are mentioned in the FIR, however, allegations against them are general and absurd in nature. The petitioners in the present case are the father-in-law and mother-in-law who are the aged persons, the brother-in-law, the married sister-in-law residing at different places, and the husband of the married sister-in-law.
The advocate submitted that though the names of the petitioners are mentioned in the complaint, however, no specific role has been attributed to them by quoting any incident.
Advocate for the petitioners has also put an emphasis on a judgment in the case of Kahkashan Kausar @ Sonam and Others v State of Bihar and Others, wherein the Supreme Court has made the following observations: -
“That it would be unreasonable to forcibly drag in the husband’s family members into the criminal matrimonial litigation to the rigors of a court trial, i.e., bald and omnibus allegations can’t be raised in a situation where the relatives of the husband are forced to suffer the difficulties of the trial.”
On the other hand, the advocate of the wife argued and submitted in her counter that the names of the petitioners are mentioned in the FIR. Even though major allegations have been made against the husband, however, present petitioners allegedly instigated him for extending cruelty to the wife. Therefore, there is a triable case against all the petitioners. There is no substance in this application and the same is liable to be dismissed.
_________________________________________________________________________
Read Latest Article- 498A quash judgement 25.02.2022 - Telangana High court - No specific allegation alleged against the husbands' relatives. FIR Quashed.
________________________________________________________________________
Referred cases – 498A quash after chargesheet 02.03.2022
1. Geeta Mehrotra and others v. State of Uttar Pradesh
2. Neelu Chopra and others v. Bharti
3. Taramani Parakh v. State of Madhya Pradesh
4. Manoj Mahavir Prasad Khaitan v. Ram Gopal Poddar
________________________________________________________________________
Court Opinion - 498A quash after chargesheet 02.03.2022
Court has carefully gone through the contents of the complaint and also the chargesheet. It appears to the court that the allegations have majorly been made against the husband whose application seeking quashing of the FIR came to be withdrawn today.
Though the court found the names of the petitioners are mentioned in the FIR, however, allegations made against them are general in nature. This is clearly a case of over implication. Almost all the family members of the husband have been implicated in connection with the present crime, including the married sisters-in-law and even the husband of one of the married sisters-in-law is involved in the present complaint. Both the married sisters-in-law resides at a different place from the place of the matrimonial home of the couple. Allegations made against the petitioners are absurd in nature.
Therefore, in the present case, allegations against the petitioners are held to be proved, and no case is made out against them. It is a case of over-implication. Hence, there is no triable case against all the petitioners. In view of the same, the continuation of the proceedings would be an abuse of the process of the Court.
_________________________________________________________________________________
_________________________________________________________________________
Conclusion - 498A quash after chargesheet 02.03.2022
In this article, the Bombay High Court has held that the allegations made against the husbands’ family don’t specify any particular allegation alleged as no avert act is mentioned in the complaint or in the chargesheet. It is a clear case of over-implication as the married sisters-in-law were residing at a separate place other than the matrimonial home of the wife. And as far as the allegations against the other petitioners are concerned, they are general and absurd in nature.
The allegations are made against the entire family members of the husband just to rope them in the criminal proceedings with the intention of defaming the family. Therefore, FIR against the petitioners is quashed.
Blogger Comment
Facebook Comment