498A quash after chargesheet 28.03.2022 – Karnataka High Court – Generally and omnibus allegations against the relatives of the husband. FIR Quashed.
 |
| 498A quash after chargesheet 28.03.2022 |
Smt. Iramma D/O. Shiddramayya ... vs State Of Karnataka on 28.03.2022
498A quash after chargesheet 28.03.2022 – In this article, the Karnataka High Court has held that the allegations made against the petitioners are general and omnibus in nature. As the allegations made against the petitioners are made without quoting any specific incident which would attract the provisions of section 498A IPC. Therefore, the Karnataka High Court has quashed the petition against all the petitioners.
Case Brief – 498A quash after chargesheet 28.03.2022
The marriage of the wife was
solemnized with the husband on 17.05.2009 as per the rites and customs of their
religion. Wife is the legally wedded wife of the husband and out of the said
wedlock, two daughters were born to the couple. Since the wife did not
conceive a male child, she was subjected to cruelty both mentally and
physically by the family members of the husband.
It is alleged that the relatives
of the husband came to the wife’s matrimonial home and abused the wife with
filthy language. It is further alleged that there was a demand by the
petitioners and other accused to fulfill the dowry demand of Rs.2,00,000/- from
her parental home for repayment of loan borrowed by the husband.
It is further alleged that
in proceedings initiated under Section 125 of Cr.P.C., by the wife against the husband
claiming monthly maintenance and in the said proceeding, there was an order
passed to resume marital life with the husband.
_________________________________________________________________________
Read Latest Article- 498A quash judgement 24.03.2022 - Madras High court - Bald and Omnibus allegations made against the relatives of the husband. FIR Quashed.
BUY "498A QUASH" - EBOOK - A GUIDE TO 498A QUASH
Arguments – 498A quash after chargesheet 28.03.2022
The advocate for the petitioner submitted that except the general
and omnibus allegations, the chargesheet filed against the petitioners in the
absence of any corroborative material is one without any substance.
He further submitted that the wife and the husband are residing
separately and the allegation made against the other petitioners that they have
demanded the wife to bring a sum of Rs.2,00,000/- when she was in the marital
home clearly implies that the petitioners were separately residing from the wife.
On the other hand, the advocate for the wife submitted that the petitioners
demanded from the wife to bring the sum of Rs.2,00,000/- thus committing the
offence punishable under Section 498A IPC. Hence, he submitted that the charge
sheet filed against the petitioners is perfectly legal and the same does not
warrant any interference.
Advocate of the Government Pleader appearing for the State would reiterate the submissions made by the learned counsel for the wife.
_______________________________________________________
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 28.03.2022
1. Geeta Mehrotra and others v. State of Uttar Pradesh
________________________________________________________________________
Court
Opinion - 498A quash after
chargesheet 28.03.2022
_______________________________________________________
_________________________________________
Conclusion - 498A
quash after chargesheet 28.03.2022
In this article, the Karnataka High Court has held that general and omnibus
allegations are made against the petitioners i.e.; relatives
of the husband without quoting any specific allegations against 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 petitioners, the Karnataka High court quashed the petition against the petitioners.
Blogger Comment
Facebook Comment