498A Quash after chargesheet 08.07.2022 - Calcutta High Court – Falsely Implicated allegations made against the parents-in-law. FIR Quashed.
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| 498A Quash after chargesheet 08.07.2022 |
Sri Sudhir Chandra Mondal & Anr vs The State Of West Bengal & Anr on 8.07.2022
498A Quash after chargesheet 08.07.2022 – In this article, the Calcutta High Court has held that the FIR filed in this case has been filed against the parents-in-law as the allegations made against them are false and they are dragged in the criminal proceedings with a wrong intention. The petitioners were dragged in the criminal proceedings as Falsely implicated 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 08.07.2022
The marriage between the
husband and the wife took place on 18.02.2011 and was solemnized as per the
rites and customs of their religion. In the initial years of the marriage,
everything was going on fine between the couple.
After the marriage, the father-in-law regularly insisted the husband of the
defacto complainant not maintain any sort of conjugal relationship with his wife.
Whenever the wife came to her in-law’s home with her husband, her
father-in-law used to assault her mentally continuously.
When her husband used to come to his home without his wife, he was
repeatedly provoked against the wife and compelled not to keep any contact
with the wife.
When the wife called her in-laws over the telephone with a request to allow
her to talk to her husband, then her in-laws used to give her slang and
humiliate her.
Being the only daughter of her parents there was a mutual understanding
prior to her marriage with the wife that she will stay at Madhyamgram to look
after her father who is a cancer patient and her mother who is a patient with
asthma and arthritis.
In spite of such understanding, the petitioners forcibly insisted her stay at Kapgari Jambani, though she was not at all agreeable to this and as a
result, her husband was strongly pressurized to give her divorce.
Petitioners in the present
case being the parents-in-law used to instigate their son i.e.; the husband to
break up the matrimonial relationship with the wife.
On 10.02.2016 when the wife
along with her husband came to her in-law's home, to see her father-in-law attempted to assault her physically with a ferocious attitude and her
husband rescued her from the place, otherwise, her life would have been at a
stake.
On 10.02.2016 the mother-in-law threatened her husband over the telephone
not to come to their home in the future as the said house is her husband's house.
And as a result, a written
complaint on 11.02.2016 to that effect was lodged by the wife.
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Arguments - 498A Quash after chargesheet 08.07.2022
The advocate appearing for the petitioners submitted that the petitioners
are in no way connected with the alleged offence and on the date of the alleged
incident father-in-law was hospitalized.
Moreover, ingredients of Section 498A IPC are completely absent in
the present case and statements made under section 161 of the Code of Criminal
Procedure by the witnesses do not support the prosecution case.
He further submitted that if the entire allegations in the complaint
are taken to be true then also it does not disclose any offence against the
present petitioners.
On the other hand, the advocate appearing for the state submitted that the
evidence is going on before the trial court and whether the materials collected
during the investigation constitute any offence or not will be decided at the
trial and as the trial is continuing it would not be proper to quash the proceeding
invoking section 482 of the code.
Referred cases - 498A
Quash after chargesheet 08.07.2022
1.
2. Neelu Chopra andanother v. Bharti
3. Preeti Gupta v.State of Jharkhand
4. Geeta Mehrotrav. State of Uttar Pradesh
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Court opinion - 498A Quash after chargesheet 08.07.2022
Now from the facts and circumstances of the case, it is quite clear that
in the FIR and also in the statements recorded under section 161 Cr.P.C., no
specific allegation has been attributed against the present petitioners which
can disclose any offence.
All besides the casual reference to inflicting mental torture and casual
reference of some irrelevant matrimonial discord with the family members, with
whom she did not admittedly reside.
Without evaluating the specific role played by petitioners for constituting the alleged offence, the Magistrate was not justified in taking cognizance over an
issue that might have occurred due to family dispute.
The wife has roped two aged persons with allegations were ingredients
of offence alleged are absent. Practically there is no mention either in the
complaint or in the statements as to how the mental cruelty was inflicted and
what specific role has been played by each of the petitioners in committing the alleged offense.
Accordingly, the court is of
the view that the impugned prosecution is wholly unfounded and therefore to
secure the ends of justice and for preventing the abuse of the process of the
criminal court, the impugned proceeding, arising out of Jamboni Police station dated
11.02.2016 under Section 498A of the Indian Penal Code now pending before the Magistrate
is hereby quashed.
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Conclusion - 498A Quash after chargesheet 08.07.2022
In this article, the Calcutta High Court has held that the allegations made
against the petitioner i.e.; parents-in-law were falsely implicated in nature. The
petitioner was dragged into the criminal proceeding with the wrong intention.
The allegations don’t attract the provisions of Section 498A IPC.
Therefore, the Calcutta High court has quashed the FIR filed against the
petitioners.
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