498A quash judgement 24.03.2022 – Madras High Court – Bald and omnibus allegations made against the relatives of the husband. FIR Quashed.

 498A quash judgement 24.03.2022 – Madras High Court – Bald and omnibus allegations made against the relatives of the husband. FIR Quashed.

498A quash judgement 24.03.2022 – Madras High Court – Bald and omnibus allegations made against the relatives of the husband. FIR Quashed.
 498A quash judgement 24.03.2022

Viayakumari vs The State Represented By on 24.03.2022

498A quash judgement 24.03.2022 – In this article, the Madras High Court has held that the allegations made against the relatives of the husband are bald and omnibus in nature. As it is clear from reading the complaint that majorly the matrimonial issues are because of the husband. But the allegations made against the petitioners are made without quoting any specific incident which would attract the provisions of section 498A IPC. Therefore, the Madras High Court has quashed the petition against all the petitioners.


Case Brief – 498A quash judgement 24.03.2022

The marriage of the husband and the wife was performed on 21.04.2011 as per their rites and customs. At the time of marriage, the wife was provided with sufficient jewels and cash, apart from the household articles.

The husband was working in the Police Department. The husband was already married and had two children from his first marriage. The marriage with the wife was his second marriage. After the marriage, they all were residing together.

At that time, the husband used to come to the house in a drunk mood and used to torture the wife stating that she is not a suitable match for him. The husband received 6 sovereigns of jewels and pledged the same.

After some time, the husband had an illegal intimacy with one Selvi, and she was ill-treated as well. The husband joined his sister and forced the wife to abort the child. After 4 months of pregnancy, the wife was thrown out of the matrimonial home.

A girl child was born to the wife on 9.2.2012. The husband or the in-laws didn’t even bother to come and see the girl and the wife in the hospital.

Later, the husband and the in-laws demanded additional 15 sovereigns of jewels and Rs. 5,00,000/- cash as dowry. So, the wife lodged a complaint on 21.2.2012. Since the husband was working in the Police Department, no action was taken.

Therefore, again on 24.2.2014, a complaint was sent to the Superintendent of Police. Even after this complaint, no action was taken. So, the wife filed a petition by invoking the jurisdiction of the Magistrate under section 156(3) Cr.P.C and as per the direction of the court, now the case has been registered against all the accused persons and during the course of the investigation, materials have been collected and the final report was also filed before the Judicial Magistrate, which was also taken cognizance.

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Arguments – 498A quash judgement 24.03.2022

The advocate appearing for the petitioners would rely upon the latest landmark judgement of the Hon'ble Supreme Court in the case of Kahkashan Kausar @ Sonam and others v. State of Bihar and others, wherein the Hon'ble Supreme court held that,

That it would be unreasonable to forcefully pull in the family members of the husband into the criminal litigation of matrimonial dispute to the rigors of a court trial, i.e., general and omnibus allegations can’t be considered in a situation where the relatives of the husband are forced to go through difficulties of the trial.

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Referred cases – 498A quash judgement 24.03.2022


1. Preeti Gupta & Anr. V. State of Jharkhand

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

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Court Opinion - 498A quash judgement 24.03.2022

Considering the advice of the Hon'ble Supreme court, if this court goes into the allegations that have been made against the petitioners, as mentioned in the complaint earlier, they are only bald and general in nature except stating that they all joined hands with the husband in harassing and demanding money as dowry and threatened the wife to terminate her pregnancy.

No specific overt act has been attributed against the petitioners. So, as mentioned in the complaint earlier, the main dispute is between the husband and wife, in which these petitioners are involved without any reasonable reason.

So, this court is of the view that continuation of the proceedings against the petitioners will amount to an abuse of the process of law.

As a result, this criminal petition is allowed in respect of the petitioners in the case in hand and the impugned order on the file of the Magistrate is hereby quashed against the petitioners. Since, the two of the petitioners have died, the petition is dismissed as abated against them. Consequently, connected Miscellaneous Petitions are closed.

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Conclusion - 498A quash judgement 24.03.2022

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

In this article, the Madras High Court has held that bald and omnibus allegations are made against the petitioners i.e.; relatives of the husband without quoting any specific allegations. As stated in the complaint it is clear that majorly the allegations are made against the husband. The allegations made against the relatives were made just to make them suffer through the criminal proceedings.


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