498A
quash Judgement 09.03.2022 – Karnataka High Court – Omnibus allegations made
against the elder brother of mother-in-law and sister-in-law. FIR Quashed.
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| 498A quash Judgement 09.03.2022 |
Jayashankar Gouda S/O Nagana ... vs The State Of Karnataka on 9.03.2022
498A quash Judgement 09.03.2022 – In this article, the Karnataka High court has held that the allegations made against the elder brother of mother-in-law and sisters-in-law are general and omnibus in nature. It is clear from reading the complaint that the allegations made against the elder brother of mother-in-law and sisters-in-law are made without quoting any specific avert act which would attract the provisions of section 498A IPC. Therefore, the Karnataka High court has quashed the petition against the elder brother of the mother-in-law and sisters-in-law.
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Case Brief – 498A quash Judgement 09.03.2022
The wife lodged the FIR stating that she was a legally wedded wife of her husband and after her marriage, she started to reside at her matrimonial home along with the relatives of the husband.
It was alleged that the
relatives of the husband often used to quarrel with the wife without there
being any reason and used to abuse her with filthy language. It is further
alleged that the husband used to her harass her without providing sufficient
food.
It is also alleged that
though the other petitioners, who are the elder brother of the mother-in-law
and married sister-in-law were not residing with the wife, however, they used
to visit the matrimonial home of the wife frequently and used to instigate the
other petitioners who are relatives of the husband to harass the wife.
The police registered the FIR
against all the petitioners herein and others accused of the offenses
punishable under Section 498A, 504, 323, and 506 read with section 34 of IPC
and also sections 3 & 4 of the Dowry Prohibition Act. After the
investigation, the police filed the chargesheet against the petitioners for the
aforesaid offenses.
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Read Latest Article- 498A quash judgement 02.03.2022 - District court - General allegations made against the husband and the mother-in-law. FIR Quashed.
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Arguments – 498A quash Judgement 09.03.2022
Advocate for the petitioners submits that though the petitioners are residing separately, they have been roped in by making omnibus allegations and in the absence of specific allegations that the petitioners subjected the wife to cruelty, the filing of charge sheet against the petitioners herein is not sustainable in law.
On the other hand, the advocate appearing for the wife and state submitted
that the allegations made in the First Information clearly disclose the
commission of offence alleged against these petitioners and as such, the charge
sheet filed against the petitioners is on the basis of available material on
record and same does not warrant any interference.
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Read Latest Article- 498A quash judgement 25.02.2022 - Telangana High court - No specific allegation alleged against the husbands' relatives. FIR Quashed.
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Court Opinion - 498A quash judgement 09.03.2022
Court after listening to the advocates of both the parties and after having a considerable look at the complaint and the chargesheet court has laid eyes on the landmark judgement titled as Kahkashan Kausar @ Sonam and Others v State of Bihar and Others Where the Supreme Court held: -
“That it
would be unreasonable to forcibly put in the family members of the husband into
the criminal matrimonial litigation to the difficulties of a court trial, i.e.,
general and omnibus allegations can not be added in a case where the relatives
of the husband are forced to suffer the difficulties of the criminal trial.”
Further, the court is of the view that this court has on numerous
instances expressed concern over the misuse of section 498A IPC and the
increased tendency of implicating the husband’s relatives in such matrimonial
disputes, without even calculating the long-term consequences of the trial of the
complainant and the accused has to go through.
It is further interpreted from the said judgment that false
implication by way of general omnibus allegations made in the course of the matrimonial
dispute if left unchecked would result in misuse of the process of law.
Therefore, this court by its judgments has warned the courts from proceeding further
against the relatives and in-laws of the husband when no case is made out
against them.
As in the present case allegations made against the elder brother of mother-in-law and sisters-in-law are
omnibus and are raised without quoting any specific avert act against any of
them. Hence, the court quashed the petition against them.
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Conclusion - 498A quash judgement 09.03.2022
In this article, the Karnataka High Court has held that the allegations made against the elder brother of mother-in-law and sisters-in-law are omnibus in nature.
After reading the complaint and the chargesheet it is clear that these petitioners were not residing with the wife at her matrimonial home. they used to visit the wife at her matrimonial home very frequently.
In view of the above-mentioned facts and circumstances, filing of the chargesheet against the petitioners, in the absence of any specific allegations raised against them is nothing but an abuse of the process of law. Therefore, the Karnataka High court has quashed the petition against the elder brother of mother-in-law and sisters-in-law.
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