498A quash after chargesheet 11.03.2022 – Madhya Pradesh High Court – Falsely Implicated and Omnibus allegations made against the entire family of the husband. FIR Quashed.

498A quash after chargesheet 11.03.2022 – Madhya Pradesh High Court – Falsely Implicated and Omnibus allegations made against the entire family of the husband. FIR Quashed.

498A quash after chargesheet 11.03.2022 – Madhya Pradesh High Court – Falsely Implicated and Omnibus allegations made against the entire family of the husband. FIR Quashed.
498A quash after chargesheet 11.03.2022

498A quash after chargesheet 11.03.2022 – In this article, the Madhya Pradesh High court has held that the allegations were made against the husband, the mother-in-law, the father-in-law, brother-in-law, sister-in-law are falsely implicated and are general and vague in nature. It is clear from reading the complaint that the allegations made against the relatives of the husband are made without quoting any specific avert act which would attract the provisions of section 498A IPC. Therefore, the Madhya Pradesh High court has quashed the petition against all the petitioners.


Case Brief – 498A quash after chargesheet 11.03.2022

The wife filed an oral complaint at police station Joura alleging that the marriage of the wife with her husband was solemnized on 10th July 2019 as per the Hindu rites and rituals at Gopalpura.

During the time of her marriage, the wife’s father gave a sufficient dowry as per status. After the marriage, the husband, the mother-in-law, the father-in-law, brother-in-law (jeth), and sister-in-law (jethani) started to raise demand for dowry for four-wheelers. On that note, the wife told that her father is a very poor person and isn’t able to fulfill the said demand of dowry.

Thereafter, the wife was again subjected to cruelty and harassment on account of non-fulfillment of the dowry demand of four-wheelers and the husband was committed with her on 01/08/2020, her in-laws dropped her at Joura Bus-stand and since then, she is living at her parents’ home along with her parents.

On the basis of the oral complaint made by the wife, a case was registered at PS Joura, and investigation and other formalities were completed, thereafter, the chargesheet was filed by the police against the petitioners under Section 498A IPC and under Section 3 & 4 of Dowry Prohibition Act. The Court took cognizance of said offense and proceedings were initiated in connection with the pending proceedings before the said Court. Being aggrieved, the present petition has been preferred.

_________________________________________________________________________

__________________________________________________________________________


Arguments – 498A quash after chargesheet 11.03.2022

Advocate of the petitioners has contended that even if the entire facts mentioned in the FIR are taken into consideration as a whole, even then no case is made out against the petitioners under Section 498A of IPC. Hence, to prevent the abuse of the process of law, the whole proceedings may be quashed.

It is further contended that the whole story of the wife as per FIR is doubtful and the allegations are omnibus and vague allegations, petitioners have been falsely implicated and, no case is made out against them.

As per the wife’s statements recorded under Section 161 of CrPC, it states that the FIR in hand is being falsely implicated against the petitioners to pressurize them.

It is further contended that the FIR is lodged at a delay of more than four months. Soon after marriage, petitioners were residing separately and there was a partition deed executed between sons of petitioners on 04/11/2019 and since then, both the sons were living separately.

Countering the contentions made on behalf of petitioners, it was submitted by the State advocate as well as the advocate for the wife that there is sufficient evidence available on record by which, cognizance has been taken against the petitioners and after recording witnesses' evidence, charges were levied but at any point of time, not a single proceeding was questioned by petitioners, not only this, but the trial is at the end and this petition is liable to be dismissed.

The defense took by the petitioners that the husband had already instituted the proceedings under Section 13 of the Hindu Marriage Act and after receiving notices, that the impugned FIR has been filed with the wrong intention is concerned, the same can’t be a ground for quashing of proceedings and the grounds which have been raised by the petitioners are their defense, which can only be considered by looking at the evidence.

At this stage, no case is made out for quashing of FIR and charge-sheet and other proceedings initiated against petitioners. In support of the contention, wife’s advocate relied on the order dated 15/06/2021 passed by this Court in MCRC.

_________________________________________________________________________

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 11.03.2022

1. Preeti Gupta & Another vs. State of Jharkhand

2. Satish Mehra vs. State of NCT of Delhi

3. Joseph Salvaraja vs. State of Gujarat

4. Kahkashan Kausar @ Sonam and Others v State of Bihar and Others

5. Rashida Begum (Smt.) vs. Smt. Fatima Bano

6. Ravikant vs. State of Madhya Pradesh

7. Abhishek Pandey alias Ramji Pandey vs. State of Madhya Pradesh

8. Bhagwanlal Chhipa and Anr. Vs. State of Madhya Pradesh

9. Bhagwandas Panth & Ors. Vs. State of Madhya Pradesh

________________________________________________________________________

Contact For Counseling to discuss Your case For Right Solutions_______________________________________________________________________


Court Opinion - 498A quash after chargesheet 11.03.2022

In the light of aforesaid discussions and the proposition of law and facts mentioned above, this Court is of the considered opinion that even if the entire facts mentioned in the FIR are taken at their face value and accepted in their entirety, prima facie, no offense is made out against petitioners.

Accordingly, the impugned FIR, registered at Police Station Joura, is hereby quashed. Petitioners are discharged of charges raised against them under Section 498A IPC and Section 3 & 4 of Dowry Prohibition Act, meaning thereby other subsequent criminal proceedings initiated in connection with pending before the Court of JMFC, Joura, Morena are hereby dropped.

_________________________________________________________________________________

Conclusion - 498A quash after chargesheet 11.03.2022

In this article, the Madhya Pradesh High Court has held that the allegations made against the entire family of the husband which includes the husband, the mother-in-law, the father-in-law, brother-in-law, and sister-in-law falsely implicated and are vague in nature. The allegations made against the petitioners who were not even residing with the wife at her matrimonial home were vague.

In view of the above-mentioned facts and circumstances, in the absence of any specific allegations raised against them is nothing but an abuse of the process of law. Therefore, the Madhya Pradesh High court has quashed the petition against all the petitioners.


Follow us On Facebook, Youtube, Twitter , Instagram

Join Facebook Group - Apaizers Mens Rights


WhatsApp




    Blogger Comment
    Facebook Comment

0 comments:

Post a Comment