498A
quash after chargesheet 28.03.2022 – Karnataka High Court – Vague statements
made against the married sister-in-law and her husband, her father-in-law, and
her other relatives. FIR Quashed.
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| 498A quash after chargesheet 28.03.2022 |
Read More Judgements on 498a Quash
Smt.Mona vs The Station House Officer 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 just vague statements 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. As it is clear that the married sister-in-law, her husband, and her father-in-law and other relatives were residing in a separate place different from the place of the wife. 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 25.10.2017 as per the rites and customs of their
religion. In the initial year of the marriage everything was going on smoothly
between the husband and the wife.
Soon after the very first
year of the marriage, the relationship between the wife and the husband started
getting strained, resulting a complaint was registered by the wife on
29.09.2018 for the aforesaid offences.
A chargesheet was filed by
the police against the petitioners after the investigation has been completed
by the police. On the filing of the final chargesheet, the petitioners filed an
application under Section 239 Cr.P.C., seeking their discharge from the
aforesaid offences.
That having been rejected, are before this Court calling in question the entire proceedings as well as the order passed by the learned Magistrate under Section 239 Cr.P.C.
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Read Latest Article- 498A quash judgement 28.03.2022 - Karnataka High court - General and Omnibus allegations made against the relatives of the husband. FIR Quashed.
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Arguments – 498A quash after chargesheet 28.03.2022
The advocate for the petitioner submitted that there are no allegations against the petitioners of involvement in any overt act by them that would attract the provisions of offences punishable under Section 498A IPC or even Sections 323, 506, and 504 of IPC.
As per the advocate of the petitioner the entire allegations are against the husband and even against the father-in-law and mother-in-law. He further submitted that the petitioners being in no way connected to the family of wife in the present matter, dragging them into these criminal proceedings would be an abuse of the process of law.
Additionally, he submitted that few of the petitioners are distant relatives, who do not even reside with the wife.
On the other hand, the opposition advocate submitted that it is a matter of trial for the petitioners to come out clean and there are allegations that would touch upon the offences punishable under Section 498A IPC.
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Referred cases – 498A quash after chargesheet 28.03.2022
1.
2. Rajesh Sharma and Ors. v.
State of Uttar Pradesh
3. Arnesh Kumar v. State of
Bihar
4.
5. G.V. Rao v. L.H.V
6. K. Subba Rao v. The State of
Telangana
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Court Opinion - 498A quash after chargesheet 28.03.2022
After reading the chargesheet and the complaint, it is clear that there are no allegations against the petitioners that would touch upon any of the offences either of Section 498A, 323, 504 or 506 IPC.
Allowing trial on such omnibus and vague statements in the complaint and in the chargesheet, would fall foul of the judgment of the Hon’ble Court in the case of Kahkashan Kausar @ Sonam and Others v State of Bihar and Others.
The Apex Court in the case in hand has delineated and deprecated the stand of the wife in dragging almost every member of the family into the criminal proceedings, notwithstanding the fact that the allegations made were no allegations against any of the petitioners.
Making omnibus allegations or vague statements of all of them that together they have indulged in verbal abuse, would not suffice for the ingredients of Section 498A IPC, is what the Apex Court has resulted in the aforesaid judgment.
If the facts at the case in hand, against the petitioners are considered at par, allowing further proceedings would fall foul of the findings rendered by the Apex Court and become an abuse of the process of law.
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After reading the chargesheet and the complaint, it is clear that there are no allegations against the petitioners that would touch upon any of the offences either of Section 498A, 323, 504 or 506 IPC.
Allowing trial on such omnibus and vague statements in the complaint and in the chargesheet, would fall foul of the judgment of the Hon’ble Court in the case of Kahkashan Kausar @ Sonam and Others v State of Bihar and Others.
The Apex Court in the case in hand has delineated and deprecated the stand of the wife in dragging almost every member of the family into the criminal proceedings, notwithstanding the fact that the allegations made were no allegations against any of the petitioners.
Making omnibus allegations or vague statements of all of them that together they have indulged in verbal abuse, would not suffice for the ingredients of Section 498A IPC, is what the Apex Court has resulted in the aforesaid judgment.
If the facts at the case in hand, against the petitioners are considered at par, allowing further proceedings would fall foul of the findings rendered by the Apex Court and become an abuse of the process of law.
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Conclusion - 498A quash after chargesheet 28.03.2022
In this article, the Karnataka High Court has held that the omnibus and vague allegations are made against the petitioners i.e.; sister-in-law and her husband, her father-in-law and her other relatives without quoting any specific allegations against any of 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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In this article, the Karnataka High Court has held that the omnibus and vague allegations are made against the petitioners i.e.; sister-in-law and her husband, her father-in-law and her other relatives without quoting any specific allegations against any of 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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