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.

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.

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.
 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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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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