498A Quash after chargesheet 06.06.2022 - Karnataka High Court – General and Omnibus allegations made against the brother-in-law his wife & sister-in-law. FIR Quashed.
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| 498A Quash after chargesheet 06.06.2022 |
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Sarfuddin Meharaj vs The State Of Karnataka on 6.06.022
498A Charge Framing Order Quashed 03.06.2022 – In this article, the Karnataka High Court has held that the FIR filed in this case has been filed against the brother-in-law, his wife and sisters-in-law. After reading the FIR and the chargesheet it is clear that majorly the allegations are against the husband. The brother-in-law and his wife and sisters-in-law are dragged in the criminal proceedings as general and Omnibus allegations were made against them without quoting any specific incident which would attract the provisions of section 498A IPC. And hence, the FIR against the petitioners was quashed.
Case brief - 498A Quash after chargesheet 06.06.2022
The marriage between the wife and the husband was solemnized on
7-08-2016 as per the rites and ceremonies of their religion. Initially, everything was running fine between the couple.
After about 3 years of the marriage, the relationship between the
husband and the wife appeared to have turned sore which led to the registration
of the complaint against all the petitioners and the husband.
The complaint was registered on 21-01-2020 which alleged that members of
the family of the husband have indulged in torture both mentally and physically
on account of the demand for dowry.
The police, after the recording of the statement during the investigation, has filed
a chargesheet in the matter. On the filing of the charge sheet by the Police, the
petitioners have filed the subject petition.
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Arguments - 498A Quash after chargesheet 06.06.2022
The advocate appearing for the petitioners submitted that the complaint
alleges an incident of the year 2019 particularly on 9-12-2019 and later on
23-12-2019 and 15-1-2020 about certain abuses which were on the telephone, all for
dowry demand from the hands of the wife.
The complaint nowhere indicates any ingredients of offence punishable
under Section 498A IPC.
He further submitted that the brother-in-law is working in Bahrain and
has nothing to do with the family of the couple.
The same goes with the wife of the brother-in-law and, therefore, would seek
quashing of proceedings against the petitioners.
On the other hand, the advocate appearing for the wife submitted that
since Police has already filed the chargesheet, it is a matter of trial in
which the petitioners have to come out clean, as the complaint, the statements
made and the investigation all clearly attract the ingredients of offences
punishable under Section 498A IPC and seeks dismissal of the petition.
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Referred cases - 498A Quash after chargesheet 06.06.2022
1. Preeti Gupta & Anr. V. State of Jharkhand
2. Geeta Mehrotra and others v. State of Uttar Pradesh
3. RASHMI CHOPRA v. STATE OF U.P.
4. Subba Rao v. State of Telangana
5. K. Subba Rao v. State of Telangana
6. S.K. Ashwin Kumar v. State of Telangana
7. Haryana v. Bhajan Lal
8. Kans Raj v. State of Punjab
9. Kailash Chandra Agrawal v. State of U.P
10. Kahkashan Kausar @ Sonam and Others v State of Bihar and Others
11. Arnesh Kumar v. State of Bihar
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Court opinion - 498A Quash after chargesheet 06.06.2022
The entire allegation in the complaint is made against the husband. The
allegations made against the husband in the complaint and the chargesheet are
that he has hit her wife, dragged her by holding her hair and also threatened her
that he’d kill her.
There is no other statement made against any other accused in the
complaint or in the chargesheet. The statements recorded during the investigation
of all the witnesses indicate dowry demand and giving of dowry at the time of
marriage and a few incidents of 09-12-2019 against her husband as is found in
the chargesheet.
Therefore, it is a case where the entire allegations of the wife appear
to be against the husband and nothing against other members of the family.
If the incident has occurred on 09-12-2019 was grave, the wife need not
have waited for 45 days to register a complaint.
As there is no explanation in the complaint as to why the complaint wasn’t
registered immediately. The other allegations on two dates are of abuse on
telephone. Therefore, while finding all the allegations against the husband,
there are no allegations against the petitioners in particular, who are brother-in-law
and sisters-in-law and admittedly the brother-in-law and his wife are residents
of Bahrain who have never resided with the couple and may have visited the
place of the couple when they were in India.
There is no
foundation laid even in the complaint or in the chargesheet for this Court to
permit further proceedings to continue against the petitioners. If such
proceedings are permitted to continue against other members of the family - the
petitioners herein, who are all unnecessarily dragged into the proceedings, it
would be an injustice.
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Conclusion - 498A Quash after chargesheet 06.06.2022
In this article, the Karnataka High Court has held that the allegations made
against the petitioners i.e.; brother-in-law, his wife and sisters-in-law were
general and omnibus as it does not attract the provisions of Section 498A IPC. It was clear by reading the FIR that majorly the allegations were made
against the husband.
Hence, the Karnataka High court quashed
the FIR filed against the petitioners.
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