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Home 498aJudgments 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 – Karnataka High Court – Generally and omnibus allegations against the relatives of the husband. FIR Quashed.

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 – Karnataka High Court – Generally and omnibus allegations against the relatives of the husband. FIR Quashed.
498A quash after chargesheet 28.03.2022

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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


It is further alleged that on 17.12.2020 the husband abused the wife with filthy language for having initiated proceeding under section 125 of Cr.P.C., and also removed the gold chain from her neck, threatened her with dire consequences, and assaulted her face and body.

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.

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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.

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Referred cases – 498A quash after chargesheet 28.03.2022

1. Geeta Mehrotra and others v. State of Uttar Pradesh

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Court Opinion - 498A quash after chargesheet 28.03.2022

In view of the above-mentioned case enunciated by the Hon'ble Apex Court in the Geeta Mehrotra & Anr. v. State of Uttar Pradesh & Another and also in the absence of any material fact disclosing the commission of the offences punishable under Section 498A IPC, the filing of the chargesheet against the petitioners is without any substance. Accordingly, this court passed the order for quashing the petition.

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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.


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