498A quash after chargesheet 17.03.2022 – Karnataka High Court – General and omnibus allegations made against the relatives of the husband. FIR Quashed.

 498A quash after chargesheet 17.03.2022 – Karnataka High Court – General and omnibus allegations made against the relatives of the husband. FIR Quashed.

498A quash after chargesheet 17.03.2022 – Karnataka High Court – General and omnibus allegations made against the relatives of the husband. FIR Quashed.
 498A quash after chargesheet 17.03.2022

Shrishail Laxman Belagali vs State Of Karnataka on 17 March, 2022

498A quash after chargesheet 17.03.2022 – In this article, the Karnataka High Court has held that the allegations made against the relatives of the husband are general and omnibus in nature. As it is clear from reading the complaint that there are some allegations made against the husband. But allegations against the other petitioners are made without quoting any specific incident which would attract the provisions of section 498A IPC. And the petitioners are dragged in the criminal proceedings just to take vengeance. Therefore, the Karnataka High Court has quashed the petition against all the petitioners.


Case Brief – 498A quash after chargesheet 17.03.2022

The marriage of the wife was solemnized with the husband on 25.05.2014. It is alleged that after the marriage the husband refused to take his wife back to her matrimonial home in Bangalore, in spite of several requests made by the wife to that effect with the husband.

It is further alleged that the wife delivered a baby on 23.12.2017, however, the husband didn’t bother and showed no concern to meet the wife and the baby at the hospital.

It is further alleged that the petitioners put a condition and stated that they’ll take the wife back to the matrimonial home only if she agrees to brings dowry with her.

It is further alleged that, on 20.11.2019, she lodged a complaint to the Mudalgi Police Station, and thereafter the petitioners were summoned by the police and the petitioners gave in writing stating that they would take back the wife to the matrimonial home.

The police registered the case against the petitioners for the offences punishable under Section 498A read with Section 34 of IPC. The chargesheet was filed against the petitioners for the aforesaid offences after the investigation was conducted by the police.

The Magistrate after accepting the charge sheet took cognizance of the aforesaid offences against the petitioners. This petition is filed taking all the exceptions.

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Arguments – 498A quash after chargesheet 17.03.2022

Advocate of the petitioners has submitted that except general and omnibus allegations made against the petitioners, there are no specific allegations against the petitioners so as to constitute the commission of the offences alleged against the petitioners.

He further submitted that the FIR was lodged after 6 months from the date of the first petitioner refusing to take her back to the matrimonial home.

On the other hand, the advocate for the Government appearing for the State submitted that the contents of chargesheet clearly disclose the commission of the offences alleged against the petitioners and the same does not warrant any interference.

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Read Latest Article- 498A quash judgement 10.03.2022 - Karnataka High court - Vague allegations made against the grandfather, mother-in-law, father-in-law and sister-in-law. FIR Quashed.

Read Latest Article- 498A quash judgement 11.03.2022 - Madhya Pradesh High court - Falsely implicated Omnibus allegations against entire family of the husband. FIR Quashed.


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Court Opinion - 498A quash after chargesheet 17.03.2022

After going through the chargesheet and complaint it is clear that though some allegations are made in the complaint against the husband, no specific allegations are made against the other petitioners subjecting her to cruelty and also demanded dowry except general and omnibus allegations.

The chargesheet does not disclose that the other petitioners have subjected the wife to cruelty and also made a demand to bring dowry.

In the absence of any material fact so as to constitute the commission of offences alleged against the petitioners, the filing of the chargesheet against them is not sustainable in law. The various contentions of the husband that there are no materials for having committed the aforesaid offences is a matter which requires consideration by the trial Court after a full-fledged trial.

At this stage the husband has not made any prima facie case to quash the impugned proceedings pending against him. In view of the foregoing discussions, this court proceed to quash the proceedings initiated against the petitioners.

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Conclusion - 498A quash after chargesheet 17.03.2022

In this article, the Karnataka High Court has held that general and omnibus allegations are made against the petitioners. The allegations made against the petitioners were made just to make them suffer through the criminal proceedings. Majorly the allegations were made against the husband.

In view of the above-mentioned facts and circumstances, in the absence of any specific allegations made against the petitioners, the Karnataka High court has quashed the petition against all the petitioners.



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