498A
quash after chargesheet 25.03.2022 – Telangana High Court – Falsely implicated allegations
against the sister-in-law. FIR Quashed.
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| 498A quash after chargesheet 25.03.2022 |
Deepthi Reddy Katakam vs The State Of Telangana on 25 .03.2022
498A quash after chargesheet 25.03.2022 – In this article, the Telangana High Court has held that the allegations made against the sister-in-law baseless and bald in nature. Sister-in-law is falsely implicated in the case in hand as it is clear that she was married before the marriage of the couple took place. As the allegations made against the petitioner is made without quoting any specific incident which would attract the provisions of section 498A IPC. Therefore, the Telangana High Court has quashed the petition against all the petitioners.
Case Brief – 498A
quash after chargesheet 25.03.2022
The wife was married to the
husband on 23.04.2015 at Hyderabad according to their rites and customs. The
marriage of the couple was registered as per the Hindu Marriage Act.
At the time of marriage, as
per the demand of the relatives of the husband, wife’s parents gave 40 tolas of
gold, 1 acre of agricultural land whose worth is Rs.70 lakhs, a plot measuring approx.
of 300 square yards whose worth is Rs.50 lakhs and net cash of Rs.30 lakhs
before engagement.
At the initial stage, wife’s
parents decided to cancel the marriage, but at the intervention of a family
member a reasonable settlement was made, and the marriage was performed in the
presence of a Christian Pastor.
After engagement ceremony
was performed, the husband and the in-laws started to demand an additional
dowry. The husband was working in the USA at the time of the marriage. Few days
after the marriage, the wife accompanied her husband in the USA. Even after the
marriage, the husband along with the in-laws demanded an amount of Rs.3 lakhs as
traveling expenses to the USA in the form of an additional dowry.
After the wife went to the USA,
she conceived and became pregnant. The husband forced her to terminate her
pregnancy, but somehow, she managed to continue. The in-laws also harassed the
wife over phone calls and raised a demand for 1/6th share of her parents'
assets.
Due to the instigation of in-laws,
the husband harassed the wife. An argument took place between the couple with
regard to the name of the child. The in-laws kept the documents pertaining to
the land and plot with them, even after disagreement took place between them.
The wife then lodged a
complaint before on 03.10.2016. Based on the said report, police registered a
case for the offences under Section 498A, 420 IPC and Sections 3 & 4 of
the Dowry Prohibition Act. A chargesheet was filed against the husband and the
in-laws after the investigation was complete.
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Arguments – 498A quash after chargesheet 25.03.2022
The advocate for the petitioner submitted that the allegations in the chargesheet even if taken on their face value, would not constitute an offence or make out a case against the petitioner.
The petitioner i.e.; sister-in-law of the wife, was falsely implicated in the case even though she had nothing to do with the married life of the husband and the wife. The sister-in-law was married since 15.08.2014 and was residing separately with her husband in Virginia, USA.
The marriage of the husband and the wife took place on 23.05.2015 which after the marriage of the petitioner. As there were no specific allegations of harassment or dowry demand against the petitioner except some sweeping, bald, omnibus, and baseless allegations hence prayed to quash the proceedings against the petitioner.
The advocate for the wife submitted that there were allegations against the petitioner both in the report filed by the wife as well as in the chargesheet filed by the police due to which cognizance was taken by the court against the petitioner also for the above offences and prayed to dismiss the petition.
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Referred cases – 498A quash after chargesheet 25.03.2022
1. Preeti Gupta & Anr. V. State of Jharkhand
2. Rajesh Sharma and others v. State of Uttar Pradesh
3. Kahkashan Kausar @ Sonam and Others v State of Bihar and Others
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Court Opinion - 498A quash after chargesheet 25.03.2022
After considering the complaint lodged by the wife before the police which would disclose that the allegations of harassment were mainly against the husband. And no specific allegations were made by the wife against the petitioner i.e.; sister-in-law herein.
Admittedly, the petitioner was a married sister-in-law, whose marriage was performed prior to the marriage of the wife with the husband. The petitioner was residing separately in the State of Virginia, USA, whereas the wife lived with her husband in the State of North Carolina, USA, which is about 500 KMs away from Virginia.
Except making some vague allegations that in-laws instigated her husband in harassing the wife, no specific allegations were made by the wife against the petitioner herein.
After considering the above judgments of the Hon'ble Apex Court in the above mentioned cases, and in the present case in hand the allegations levelled against the petitioner herein were only general in nature without any specific role attributed to the petitioner, forcing the petitioner to undergo trial is only an abuse of process of law. Hence, the court considers fit to quash the proceedings against the petitioner.
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Conclusion - 498A quash after chargesheet 25.03.2022
In this article, the Telangana High Court has held that baseless and omnibus allegations are made against the petitioner i.e.; sister-in-law of the wife without quoting any specific allegations against her. The allegations made against the sister-in-law were made just to make her suffer through the criminal proceedings.
In view of the above-mentioned facts and circumstances, in the absence of any specific allegations made against the the petitioners, the Telangana High court quashed the petition against the petitioner.
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