498A
quash after chargesheet 11.04.2022 – District Court – General allegations against
the in-laws. Charge Framing order set aside
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| 498A quash after chargesheet 11.04.2022 |
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498A quash after chargesheet 11.04.2022 – In this article, the District Court has held that the allegations made against the revisionist are general and baseless in nature. As it is clear from reading the chargesheet that majorly the disputes were between the husband and the wife. It was further held by the District court that the allegations made against the revisionist are made without quoting any specific incident which would attract the provisions of section 498A IPC. Therefore, the District Court has allowed the criminal revision petition u/s 397 Cr.P.C. r/w section 399 Cr.P.C. in favor of all the petitioners.
Case Brief – 498A
quash after chargesheet 11.04.2022
The marriage of the husband and the wife was solemnized on 08.04.2003 according
to their Hindu rites and ceremonies. Soon after the marriage, the wife and the husband
started to reside in a rented accommodation at the behest of the mother-in-law
due to less space at the matrimonial home.
After a few days passed the husband started taunting and started to beat
the wife for dowry. After 2 months passed the husband left the wife in the rented accommodation and came back after a
lapse of seven months. And thereafter, the husband used to reside with the wife
intermittently i.e.; he used to reside with her for a period of one month or
two and used to come back after a year.
During this mentioned period, when the wife demanded some amount of
money for her daily expenditure, she was beaten by her husband. In the
meanwhile, the wife became pregnant but she had a miscarriage.
Since then, the husband didn’t try for another child and used to give excuses
on one pretext or the other and also didn’t agree to an adoption of a child.
Thereafter, the husband built a habit of drinking with his friends at their
rented accommodation and used to pressurize the wife to drink and earn money
through illegal means.
The wife’s brother-in-law and sister-in-law’s husband used to have an evil
eye on the wife. Her sister-in-law and mother-in-law also insisted the wife
to earn money by illegal work. The wife was also threatened by the in-laws that
she would be falsely implicated in a case if she doesn’t succumb to their
pressure.
It was further alleged that it came to the wife’s knowledge that the
husband was having extra-marital relations with many other women and her
brother-in-law and sister-in-law’s husband were involved in prostitution with
those women.
Thereafter, the husband started to reside with his girlfriend. In 2015, the
husband left his rented home and started residing with another woman.
On 09.07.2015 at about 08:00 pm, when the wife went in search of the
husband and met with the husband’s girlfriend she started abusing her. When the
wife approached her in-laws to complain about the girlfriend, the in-laws
abused the wife; pushed her out of their home, and threatened to kill her.
The wife lodged a complaint with CAW Cell against her husband and in-laws for harassing the wife both mentally and physically on account of dowry. On the basis of her complaint, FIR was registered under Section 498A and 34 IPC against the accused persons. After completion of the investigation, a chargesheet was filed.
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Arguments – 498A quash after chargesheet 11.04.2022
It was argued by the advocate for the revisionists that the impugned order dated 23.12.2021 was not having a particular quality of merits and was not sustainable. Further, that the impugned order is cryptic, perverse, and is liable to be rejected as prima facie, no offence under Section 498A, 323, 506, 509, & 34 IPC is made out against the revisionists.
It is strenuously urged that the wife is a Hindu girl whereas the accused i.e; the husband and brother-in-law is a Muslim. No marriage was solemnized between them as per Hindu rites and ceremonies and therefore, the wife did not have any proof of marriage.
Since there was no proof of marriage, no offence under Section 498A IPC was made out. It was also argued that prima facie, allegations leveled in the FIR are general in nature and no specific allegations against any of the revisionist persons were leveled by the wife.
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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.
__________________________________________________________________________________Referred cases – 498A quash after chargesheet 11.04.2022
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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.
Referred cases – 498A quash after chargesheet 11.04.2022
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_______________________________________________________________________Court Opinion - 498A quash after chargesheet 11.04.2022
In the instant case, the wife has not leveled any such allegation which would fall in the meaning of the definition of cruelty in Section 498A IPC. Moreover, the wife has failed to give any specific dates of incident or medical record to prove that the wife was subjected to cruelty by her husband or in-laws as alleged by her in the complaint.
However, one MLC was placed on record wherein the wife sustained abrasions and the same were defined as 'simple'. The alleged history as given by the wife in the MLC suggests that she was assaulted, however, she did not specifically state who had assaulted her.
The allegations in the complaint by the wife are general and lack details and as per her own case, she was residing separately from her in-laws and her husband barely resided with her.
Considering the aforesaid discussion, the court is of the opinion that prima facie no offence under Section 498A, 323, 506, 509, & 34 IPC is made out against the accused. Accordingly, revisionists are hereby discharged. The impugned order dated 23.12.2021 is set
aside. Revision is allowed.
Court Opinion - 498A quash after chargesheet 11.04.2022
In the instant case, the wife has not leveled any such allegation which would fall in the meaning of the definition of cruelty in Section 498A IPC. Moreover, the wife has failed to give any specific dates of incident or medical record to prove that the wife was subjected to cruelty by her husband or in-laws as alleged by her in the complaint.
However, one MLC was placed on record wherein the wife sustained abrasions and the same were defined as 'simple'. The alleged history as given by the wife in the MLC suggests that she was assaulted, however, she did not specifically state who had assaulted her.
The allegations in the complaint by the wife are general and lack details and as per her own case, she was residing separately from her in-laws and her husband barely resided with her.
Considering the aforesaid discussion, the court is of the opinion that prima facie no offence under Section 498A, 323, 506, 509, & 34 IPC is made out against the accused. Accordingly, revisionists are hereby discharged. The impugned order dated 23.12.2021 is set
aside. Revision is allowed.
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Conclusion - 498A
quash after chargesheet 11.04.2022
In this article, the District Court has held that the allegations made
against the revisionist i.e.; all the in-laws are general and baseless in nature, without quoting any specific allegations against any of them. The
allegations made against them were made just to make them suffer through the
criminal proceedings.
In view of the above-mentioned facts and circumstances, in the absence of any specific allegations made against the revisionist, the District Court allowed the criminal revision petition u/s 397 Cr.P.C. r/w section 399 Cr.P.C. in favor of all the petitioners.
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