498A Quash after chargesheet 13.06.2022 - Madhya Pradesh High Court – Omnibus allegations made against the mother-in-law to falsely implicate her. FIR Quashed.
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| 498A Quash after chargesheet 13.06.2022 |
Read More Judgements on 498a Quash
Anita Rai vs The State Of Madhya Pradesh on 13.06.2022
498A Quash after chargesheet 13.06.2022 – In this article, the Madhya Pradesh High Court has held that the FIR filed in this case has been filed against the mother-in-law as the allegations made against her are false and she is dragged into the criminal proceedings with a wrong intention. After reading the FIR and the chargesheet it is clear that majorly the allegations are against the husband. The mother-in-law is dragged into the criminal proceedings as Omnibus allegations were made against her 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 13.06.2022
The petitioner is the
mother-in-law of the wife/complainant. The wife has lodged a complaint at
Police Station Chimanganj Mandi, District Ujjain on the basis of which FIR has been
registered on 07.06.2020 against the petitioner and co-accused persons for the
above mentioned offences.
The allegation in the FIR is
that the marriage of the wife and the husband was solemnized on 04.02.2018 as
per the rites and customs of their religion. From the very beginning of the
marriage, there were marital issues between the couple.
Since the couple tied
the knot over a period of almost two years since then the husband has stayed
with the wife for less than two months. The husband hasn’t helped the wife in
any manner either mentally or financially.
Whenever the husband has
visited to Ujjain on being asked to come by her, the husband has always fought
with the wife. The wife has always kept silent and given another chance in
her matrimonial life.
The husband and the father-in-law
have always demanded a dowry of Rupees 15 Lakhs and a plot from her and her
parents. The mother-in-law and her husband have always raised demands for gold
jewelry from her and her parents.
The wife is studying at RD Gardi
Medical College and is pursuing MD the husband hasn’t made any
contribution and has always questioned her as to why she is pursuing MD.
The husband has stated that
whatever expenses are being incurred in the studies and in staying at Ujjain must
be recovered to him. Hence, the husband has again made a demand of Rs.25 Lakhs
and on refusal to meet the same the husband has beaten the wife.
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Arguments - 498A Quash
after chargesheet 13.06.2022
The advocate appearing for the petitioners submitted that the petitioner being the mother-in-law of the wife
has been falsely implicated by the wife due to the dispute between the
mother-in-law and her son.
The petitioner has been residing
separately from the couple i.e.; from the husband and the wife as her son is a government
servant and is appointed as a medical officer in Indo-Tibetan Border Police
Force since 12.06.2015 and is currently posted in Arunachal Pradesh.
The petitioner has been residing
separately at Jodhpur and her son and the wife have always resided separately
at the place of the husband’s posting.
Hence the allegations of
cruelty, dowry demand, and neglectful attitude are false and senseless. The wife
is herself residing in Ujjain with her parents for her further studies out of
her own free will.
The advocate for the wife submitted that he has instructions from the wife
not to advance any arguments in the matter.
On the other hand the advocate for the State submitted that there is a prima
facie material available on record against the petitioner hence this is not a
proper case in which inherent jurisdiction should be invoked hence the petition
is liable to be dismissed.
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Referred cases - 498A
Quash after chargesheet 13.06.2022
1. Geeta Mehrotra and others v. State of Uttar Pradesh
2. Mirza Iqbal @ Golu & Anr. v. State of Uttar Pradesh
3. Deoki Panjhiyara v. Shashi
Bhushan Narayan Azad & another
4. Subash Babu v. State of A.P.
5. Reema Aggarwal v. Anupam
and others
6. Praveen Choube and others v. State of MP
7. Shivcharan Lal Verma v.
State of Madhya Pradesh
8. Nalla Thirupathi Reddy and
others v. State of Telangana
9. G.V. Rao v. L.H.V. Prasad
10. B.S. Joshi & Ors. v.
State of Haryana
11. Ramesh vs. State of Tamil
Nadu
12. Chandralekha and others v.
State of Rajasthan
13.
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Court opinion - 498A Quash after chargesheet 13.06.2022
Considering the facts in the present case in the light of the facts and circumstances mentioned above and on a careful reading of the FIR which has been lodged by the wife against the petitioner it is clear that the wife’s main grievances are against her husband i.e.; son of the petitioner who is allegedly not residing with the wife for even two months in a period of two years of the marriage and has constantly raised the demand of dowry from her.
The husband hasn’t assisted the wife mentally or financially. He is also alleged not to have made any effort for him and the complainant to live together as husband and wife.
The allegations are raised mainly against the husband of the wife but
along with him, the present petitioner who is the mother-in-law of the wife who
has also been implicated.
The petitioner is an aged person and is residing in Jodhpur and her son
is in Indo-Tibetan Border Police Force and is posted in Arunachal Pradesh.
There are no allegations against the petitioner.
The allegations leveled against the petitioner are vague and omnibus
and have been made solely for the purpose of implicating her in a criminal proceeding.
There is no specific allegation against the petitioner nor has any
precise indecent been disclosed in the FIR against her. Hence it would be an abuse
of the process of law to allow prosecution against her for the alleged offence.
Hence the petition is allowed and FIR registered against the petitioner
for offence punishable under Section 498A, 323 IPC, and 3 & 4 of the Dowry
Prohibition Act, 1961 is hereby quashed.
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Conclusion - 498A Quash after chargesheet 13.06.2022
In this article, the Madhya Pradesh High Court has held that the allegations
made against the petitioner i.e.; mother-in-law were omnibus and the
mother-in-law was falsely implicated. As it is clear that the mother-in-law was
not having good terms with her son and hence the wife took advantage of that
and dragged the mother-in-law in the criminal proceeding.
As the allegations do 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 Madhya Pradesh High court
quashed the FIR filed against the petitioner.
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