498A quash judgement 23.03.2022 – Karnataka High Court – Omnibus allegations made against the sister-in-law. FIR Quashed.

 498A quash judgement 23.03.2022 – Karnataka High Court – Omnibus allegations made against the sister-in-law. FIR Quashed.

498A quash judgement 23.03.2022 – Karnataka High Court – Omnibus allegations made against the sister-in-law. FIR Quashed.
498A quash judgement 23.03.2022

Read More Judgements on 498a Quash

Smt. Shilpa vs State By Magadi Road Police on 23.03.2022

498A quash judgement 23.03.2022 – In this article, the Karnataka High Court has held that the allegations made against the sister-in-law are general and omnibus in nature. As it is clear from reading the complaint that majorly the allegations are made against the husband and the parents-in-law. But the allegations against the petitioner is made without quoting any specific incident which would attract the provisions of section 498A IPC. And the petitioner is dragged in the criminal proceedings just to take vengeance. Therefore, the Karnataka High Court has quashed the petition against all the petitioners.


Case Brief – 498A quash judgement 23.03.2022

Prior to the marriage of the wife with the husband, the husband along with his parents and the petitioners i.e.; the sister-in-law of the wife had come to the wife’s home and raised a demand of 300 grams of gold and Rs.3 lakhs cash, as dowry and wife’s father agreed to give Rs.2 lakhs of gold.

Accordingly, the couple got engaged on 07.02.2014. And the wife got married to the husband on 08.03.2015 as per the rules and customs of their religion. After the marriage, the wife started to reside at her matrimonial home along with the parents-in-law.

There the husband, the parents-in-law, and the sister-in-law started to harass the wife physically and mentally by demanding additional dowry. The wife further stated that the parents-in-law and the sister-in-law did not allow the husband, to stay with her until she pays Rs.50 lakhs as dowry.

Again on 17.05.2015, all these family members demanded Rs.15 lakhs and that’s when the wife came to her parent’s home and informed them about this. Again on 23.05.2015 the family members came to the wife’s home and informed her that the wife requires counseling as she is suffering from a psychiatric problem and returned without taking the wife back to the matrimonial home.

Later the wife along with her mother went to her matrimonial home, but they didn’t even allow her to enter the home and throw her out of the home, and even tried to squeeze her neck.

Therefore, the panchayath was also held on 07.05.2015 and 09.06.2015 but the family members did not mend his way. Thereafter in the month of Ashada, her parents brought her back to the matrimonial home, and thereafter the parents-in-law came and threw her out of the home.

The wife lodged a complaint, for the same registered by Magadi Road Police Station, Bengaluru, on 25.06.2015.

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Arguments – 498A quash judgement 23.03.2022

The advocate for the petitioner contended that there is no specific allegation against the petitioner except an omnibus statement made against the petitioner as she resides in Kerala.

The petitioner is residing with her husband and son in Kerala and recently her husband went abroad the petitioner is also preparing to go abroad along with her husband. The wife has falsely included the petitioner's name which amounts to abuse of the process of law. In support of his contentions, the advocate relied on the landmark judgment of Supreme court Kahkashan Kausar @ Sonam and Others v State of Bihar and Others.

On the other hand, the other advocate objected that there is averments made in the complaint that the petitioner and other family members joined the mother-in-law and harassed the wife and there is sufficient material placed on record to frame the charges.

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Read Latest Article- 498A quash judgement 16.03.2022 - Bombay High court - General and absurd allegations made against the brother-in-law and his wife. FIR Quashed.

Read Latest Article- 498A quash judgement 11.03.2022 - Madhya Pradesh High court - Falsely implicated Omnibus allegations against entire family of the husband. FIR Quashed.


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Court Opinion - 498A quash judgement 23.03.2022

On reading the statements of the complainant of course there are specific allegations made against the husband and the parents-in-law. However, in the entire complaint, only the name of the petitioner is added as sister-in-law stating her an accused.

Specifically, there are no averments against the petitioner for having committed any harassment for the wife individually or abating the other accused to commit any such offence, the allegation against the other accused attracts the offence under Section 498A and 323 of abusing her in filthy language and harassment.

There are no specific averments against the petitioner. The allegation made against this petitioner does not fall under any offences.

Admittedly, the entire statement of the wife is against the husband and her parents-in-law and omnibus statement stating that the present petitioner is also present and committed offence along with other accused.

Therefore, it isn’t acceptable that the petitioner also harassed the complainant physically and mentally and demanded dowry or additional dowry. Hence, conducting a trial against the petitioner will be an abuse of the process of law. Hence the proceedings are liable to be quashed.

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Conclusion - 498A quash judgement 23.03.2022

In this article, the Karnataka High Court has held that general and omnibus allegations are made against the petitioner i.e.; sister-in-law without quoting any specific allegations. It is clear from reading the complaint that majorly the allegations are made against the husband and the sister-in-law. The allegations made against the sister-in-law were made just to make her suffer through the criminal proceedings.

In view of the above-mentioned facts and circumstances, in the absence of any specific allegations made against the petitioner, the Karnataka High court has quashed the petition against all the petitioner.

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