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Home 498aJudgments 498A Quash after chargesheet 08.07.2022 - Calcutta High Court – vague and omnibus allegations made against the husband and the mother-in-law. FIR Quashed.

498A Quash after chargesheet 08.07.2022 - Calcutta High Court – vague and omnibus allegations made against the husband and the mother-in-law. FIR Quashed.

498A Quash after chargesheet 08.07.2022 - Calcutta High Court – vague and omnibus allegations made against the husband and the mother-in-law. FIR Quashed.

498A Quash after chargesheet 08.07.2022 - Calcutta High Court – vague and omnibus allegations made against the husband and the mother-in-law. FIR Quashed.
498A Quash after chargesheet 08.07.2022

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Subham Roy Choudhury & 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 allegations made against the petitioners i.e.; the husband and the mother-in-law are vague and omnibus in nature. The Calcutta High Court further held that the allegations were raised against the petitioners just to rope in the petitioners in the criminal proceedings. Hence, the Calcutta High court quash the FIR against the petitioners.

 

Case brief - 498A Quash after chargesheet 08.07.2022

The marriage of the wife with the husband took place herein on 22.02.2016 under the Special Marriage Act 1954. Issues started to arise from the very beginning of the marriage.

One of the Petitioner is the mother-in-law of the wife. The wife stayed in her matrimonial home only for seven days, in two phrases, and after the discovery of her chronic ailments she withdrew herself from the matrimonial home on 03.03.2016 night and has been residing at her parental home since then.

A suit has been filed on 10.05.2016 under section 25 of the Special Marriage Act by the husband for a declaration of nullity of marriage and as a counterblast, the wife lodged a written complaint to the Haridevpur Police Station on 1.07.2016 after a delay of 4 ½ months of her last stay at her matrimonial home against the husband and his old parents and for which present proceeding started.

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Arguments - 498A Quash after chargesheet 08.07.2022

The advocate appearing for the petitioners submitted that the trial court has not assigned any specific ground for rejecting the prayer for discharge under section 239 of the code filed by the husband and the mother-in-law.

Even if all the allegations in FIR and materials in the chargesheet are taken at their face value, even then it does not disclose any offence against the petitioners.

He further submitted that there is not even a single allegation that the wife was ever harassed by present petitioners with respect to dowry demand in sort of cruelty to constitute offence under Section 498A, nor such allegation has been leveled in the FIR.

The offence under section 406 also appears to be absurd in view of the fact that the wife herself admitted in a written undertaking that she herself has taken back all her gold ornaments much before lodging the present complaint.

Arguments - 498A Quash after chargesheet 08.07.2022

In spite of that written acknowledgment, the wife has falsely stated in the written complaint that all her stridhan property is illegally misappropriated by the petitioners. The wife has given a statement that she felt ill on 02.03.2016 and her in-laws did not take care of her and then she called her father who hospitalized her at the same midnight.

Actually, no such incident happened on 02.03.2016 and the hospital record shows that the wife was admitted to the hospital on 04.03.2016 early morning as such the FIR is false and cannot be entertained.

Moreover, the statements made by the witnesses under section 161 of the code do not support allegations revealed in the FIR against the present petitioners.

The advocate further submitted that in the chargesheet it has been stated that the complainant was under continuous physical and mental torture by the petitioners for dowry demand since the marriage date i.e. from 22.02.2016 till the date of lodging FIR i.e. on 12.07.2016 i.e.; for about 142 days in spite of the fact that the wife made allegations against the petitioners only in respect of four days and she stayed at her matrimonial home only for seven days.

Arguments - 498A Quash after chargesheet 08.07.2022

On the contrary, Petitioners lodged a general diary dated 11.03.2016 at Haridevpur Police Station when petitioners discovered fraudulent practice adopted by the wife and her parents in silently removing the movable valuable properties from her matrimonial home without the knowledge of the petitioner.

He further submitted that the copy of the entry ticket at Inox, South City Mall on 27 th February, shows that the complainant entered the said mall at 12:55:40 hrs and stayed till 19:52 hrs, the particular day for which the complainant has made allegations on F.I.R. against her father-in-law for demanding money.

Advocate appearing on behalf of the state submitted that the Magistrate was justified in rejecting the petitioner's prayer for discharge made under section 239 of the code as there are sufficient incriminating materials against the petitioners to go for trial.

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Referred cases - 498A Quash after chargesheet 08.07.2022

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

2. Preeti Gupta v.State of Jharkhand

3. Neelu Chopra andanother v. Bharti

4. Geeta Mehrotrav. State of Uttar Pradesh

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Court opinion - 498A Quash after chargesheet 08.07.2022

By reading the FIR and the chargesheet lodged by the wife the court is of the view that the allegations made against the petitioners are bald allegations made by the wife which appears to suggest the anxiety of the wife to rope in the present petitioners due to her matrimonial discord.

The court do not find any legal basis from the materials in FIR or from the case diary for the Magistrate to take cognizance against present petitioners. The wife admittedly was not living with the petitioners and none of the alleged offences under Section 498A or 406 attracts in the present context against the petitioners.

The wife alleged in an omnibus way that "all accused harassed her mentally and did not take care of her health when she felt ill, due to petitioners denial about her marriage". No specific or distinct allegation has been attributed against present petitioners in furtherance of the general and omnibus allegations made against petitioners.

In view of the above-mentioned facts and consistent observation made by the Apex Court, the court is of the view that the allegations made in the written complaint are not only vague and omnibus but also lack any specific details.

The materials available in the record are not at all sufficient to form an opinion that there is a ground for presuming that the present petitioners have committed any offense far from committing an offence either under Section 498A or 406 IPC. There is a reason to believe that the veiled object behind the lame prosecution is the counter-blast of the Matrimonial Suit filed by the husband for declaration of nullity of marriage.

The allegations against present petitioners are unfounded and in order to secure the end of justice and prevent the abuse of the process of the criminal court, the impugned order dated 18.12.2018 in respect of present petitioners is hereby set aside.

The petitioner is accordingly discharged from the case arising out of Haridevpur Police Station dated 12.07.2016 under sections 498A, 406, and 34 of the Indian Penal code pending before the learned ACJM at Alipore , South 24 Parganas.

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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 petitioners were vague and omnibus in nature. The allegation raised were made without quoting any specific avert act against any of the petitioners. As it is clear from reading the FIR and the chargesheet that the allegations were made to forcefully rope in the petitioners.

Hence, the Calcutta High Court feels it right to Quash the criminal proceedings initiated against the petitioners.


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