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Home 498aJudgments 498A quash Judgement 10.03.2022 – Karnataka High Court – Vague allegations made against the grandfather, mother-in-law, father-in-law and sister-in-law. FIR Quashed.

498A quash Judgement 10.03.2022 – Karnataka High Court – Vague allegations made against the grandfather, mother-in-law, father-in-law and sister-in-law. FIR Quashed.

498A quash Judgement 10.03.2022 – Karnataka High Court – Vague allegations made against the grandfather, mother-in-law, father-in-law and sister-in-law. FIR Quashed.

498A quash Judgement 10.03.2022 – Karnataka High Court – Vague allegations made against the grandfather, mother-in-law, father-in-law and sister-in-law. FIR Quashed.
498A quash Judgement 10.03.2022

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Read More Judgements on 498a Quash

498A quash Judgement 10.03.2022 – In this article, the Karnataka High court has held that the allegations made against the grandfather, mother-in-law, father-in-law and sister-in-law are general and vague in nature. It is clear from reading the complaint that majorly the allegations are made against the husband who is not before the court. Allegations made against the other relatives 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 all the petitioners.


Case Brief – 498A quash Judgement 10.03.2022

The marriage between the wife and the husband was solemnized on 22.02.2009 as per the rites and customs of their religion. In the early days of marriage, everything was running smoothly between the husband and the wife.

The relationship between the wife and the husband started getting strained, so a complaint was registered by the wife against all the petitioners including the husband on 08.06.2021. The complaint was registered for an incident that happened on 24.03.2019. The complaint was registered after 2 years and 3 months after the incident had taken place.

The complaint later became an FIR punishable under Section 498A, 506, and 149 of IPC. As a result of this complaint, the petitioners standing at the doors of this Court in the subject petitions. The complaint having been entertained, an interim order of stay for further investigation is passed and is still in operation even to date.

The petitioner in the Criminal Petition is the grandfather of the husband. The petitioners in another Criminal Petition are the father-in-law, mother-in-law, and the sister-in-law of the wife. The husband of the wife is not before the Court.

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Arguments – 498A quash Judgement 10.03.2022

Advocate for the petitioners submits that the wife as she the entire grievance narrated by her in the complaint is only against the husband and vague allegations with regard to mother-in-law and father-in-law and even the grandfather of the husband without quoting any overt act submitted that the ingredients of either Section 498A, 506 and even 149 IPC cannot be connected to the contents of complaint which is registered against the petitioners.

On the other hand, the advocate appearing for the wife and state submitted that it is a matter of trial that the petitioners have to come out clean, as the complaint does narrate the instances as to why she had to resign from her job and leave the matrimonial home. However, the advocate would admit that on the narration in the complaint that the allegations are primarily against the husband.

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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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Referred Cases - 498A quash Judgement 10.03.2022

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

2. Kahkashan Kausar @ Sonam and Others v State of Bihar and Others

3. Rajesh Sharma v. State of Uttar Pradesh

4. Arnesh Kumar v. the State of Bihar

5. Preeti Gupta v. State of Jharkhand

6. G.V. Rao v. L.H.V. Prasad

7. K. Subba Rao v. The State of Telangana

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Court Opinion - 498A quash Judgement 10.03.2022

A look at the complaint indicates that the entire narration right from the beginning of marriage till leaving of the matrimonial home are against the husband. The torture that is mentioned in the complaint is caused by the husband. And vague allegations are made against the grandfather, mother-in-law, father-in-law, and sister-in-law of the wife.

The allegations are that the petitioners instigated the husband to be rude to the wife and these were the primary reason for the relationship getting problematic between the husband and wife.

The petitioner in the Criminal Petition is aged 84 years at the time of registration of the complaint and since no overt act is indicated in the complaint against him, the age at which the petitioner, is cannot even seem to commit any overt act.

It is also not in dispute that the father-in-law and mother-in-law stay at a different place other than the place they stay the couple.

Therefore, dragging the family members into the criminal proceedings under Section 498A IPC would result in an abuse of the process of law. Therefore, proceedings pending stand quashed by the petitioners.

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Conclusion - 498A quash Judgement 10.03.2022
In view of the above-mentioned facts and circumstances, 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 all the petitioners.

In this article, the Karnataka High Court has held that the allegations made against the grandfather, mother-in-law, father-in-law, and sister-in-law are omnibus in nature. After reading the complaint it is clear that majorly the allegations are made against the husband. And the allegations made against the petitioners who were not even residing with the wife at her matrimonial home were vague.


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