498A Quash after Chargesheet 20.05.2022 – Orissa High Court General and Omnibus allegations against Mother-in-law, Brothers-in-law & sisters-in-law. FIR Quashed.
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| 498A Quash after Chargesheet 20.05.2022 |
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Shri Bhagabat Kamila And Others vs State Of Orissa And Another on 20.05.2022
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498A Quash after Chargesheet 20.05.2022 – In this article, the Orissa High Court has held that the FIR filed in this case has been filed against the mother-in-law, sister-in-law & brother-in-law. The father-in-law expired during the pendency of the trial and the husband was not here before this court. General and Omnibus allegations were made against the petitioners and without quoting any specific incident which would attract the provisions of section 498A, 323, 354, 504 506 & 307 IPC also under sections 3 & 4 of Dowry Prohibition Act, to quash the FIR issued against the petitioners. Hence, the Orissa court has allowed this petition and quashed the FIR issued to the petitioners.
Case Brief – 498A
Quash after Chargesheet 20.05.2022
The present application is filed
by the two in-laws and the brothers-in-law and sisters-in-law of the wife
questioning an order dated 27th September 2013 passed by the Magistrate
corresponding to the complaint filed on dated 14th December 2012 against the
Petitioners for the offences under Section 498A, 506, 406 read with Section 34
IPC and Section 4 of the Dowry Prohibition Act, 1961.
The marriage of the wife and the husband was solemnized on 12.05.2008 as
per the rites and customs of their religion. Problems started to arise soon
after the marriage was solemnized. The complaint itself pertains to events that
happened 8 days after the marriage.
The complaint was filed on 14th December 2012. Further, there is a broad sweeping allegation against all of the present Petitioners about abusing the wife just after 8 days of the marriage "in filthy language" whereas the specific allegation of demand of dowry was made only against the husband.
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Arguments – 498A Quash after Chargesheet 20.05.2022
At the outset, advocate for the Petitioners points out that the
Petitioner No.1 has expired during the pendency of the present petition. The
husband is not one of the Petitioners in the present petition. We are concerned
therefore with the mother-in-law, sisters-in-law and brothers-in-law of the
Complainant.
Advocate for the Petitioners further points out that the marriage
between the son of father-in-law who is father-in-law and the wife has been
dissolved by decree of divorce dated 17th March 2016 granted by the Family
Court.
Apart from placing the copy of the said judgment on record, the advocate
for the Petitioners also places the order sheets, which show that on 30th April
2016, the permanent alimony as directed by the Family Court has already been
paid to the wife.
Referred cases – 498A Quash after Chargesheet 20.05.2022
1. Kahkashan Kausar @ Sonam and Others v State of Bihar and Others
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Court
Opinion - 498A Quash
after Chargesheet 20.05.2022
By reading the contents of the FIR dated 01.04.2019, the facts of the
case are cleared as it is revealed that general allegations were raised against
the petitioners. The wife alleged that 'all the listed petitioners harassed the
wife mentally and threatened the wife for terminating her pregnancy.
Thereafter, no specific and distinct allegations were made against
either of the Petitioners herein, i.e., none of the Petitioners have attributed any specific role in furtherance of the general allegations made against them.
This clearly leads to a situation wherein one fails to prescribe the
role played by each petitioner in accordance with the offence. The allegations
are therefore general and omnibus and can be said to have been made out on the
basis of small skirmishes.
As far as the husband is concerned, since he is not here before the High
court, this court has not examined the veracity of allegations made against
him. However, as far as the petitioners are concerned, the allegations made
against them being general and omnibus, do not warrant prosecution."
Consequently, this Court in
the above circumstances has no hesitation in quashing the order dated 27th
September, 2013 passed by the Magistrate, Sadar, Balasore taking cognizance of
the aforementioned offences in and all other proceedings and orders consequent
thereto.
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Conclusion - 498A
Quash after Chargesheet 20.05.2022
In this article, the Orissa High Court
has held that the petitioners in the case in hand i.e.; mother-in-law,
brother-in-law, & sister-in-law were dragged in the case without any reasonable
reason. General and Omnibus allegations were raised against all the petitioners
without quoting any specific allegations against any of them.
Hence, the Orissa High court has allowed this petition and quashed the FIR issued against the petitioners.
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