498A Quash after chargesheet 14.06.2022 - Karnataka High Court – General & Omnibus allegations against parents-in-law, sister-in-law and her husband. FIR Quashed.
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| 498A Quash after chargesheet 14.06.2022 |
Yashwanth Bhaskar vs State By Basavanagudi P.S on 14.06.2022
498A Quash after chargesheet 14.06.2022 – In this article, the Karnataka High Court has held that the allegations made against the petitioners i.e.; parents-in-law, sister-in-law, and her husband are general and omnibus in nature. The Karnataka High Court further held that majorly the allegations were raised against the husband as it is clear by reading the statement made in the chargesheet.
Case brief - 498A Quash after chargesheet 14.06.2022
The marriage between the wife and the
husband was solemnized on 15.06.2014 as per the rites and ceremonies of their
religion. In the beginning of the marriage, everything was running smooth between the couple.
After the marriage, the wife went to the
United States of America on 24.06.2014 along with her husband. During the stay
of the couple the wife was subjected to cruelty both mentally and physically at
the instigation of the other petitioners. And also the wife was assaulted by
her husband.
It is further stated that the husband at the
instance of other family members demanded to bring a certain sum of money from her
parental home.
It is also stated that the wife returned to
India on 20.11.2017 and thereafter started to reside at her parent’s home along
with her parents. It is stated that on 23.07.2019 the wife went for a hearing of
the case filed by her husband and when the wife tried to talk to her husband at
that point in time her father-in-law and brother-in-law objected and threatened
to give a complaint to the Police.
The Magistrate, therefore, accepted the chargesheet for the offence punishable under Section 498A read with Section 34 of IPC and Sections 3 & 4 of the Dowry Prohibition Act and issued summons to the petitioners. Considering the exception to the same, this petition has been filed.
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Read Latest Article- 498A Quash after chargesheet 13.06.2022 - Madhya Pradesh High court - Omnibus allegations made against the mother-in-law to flasely implicate her. FIR Quashed.
Read Latest Article- 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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Arguments - 498A Quash after chargesheet 14.06.2022
The
advocate appearing for the petitioners submitted that except for omnibus and general allegations, there is no specific
allegation made against the petitioners for having committed the aforesaid
offences.
In the absence of any corroborative material,
the filing of the chargesheet only on the basis of omnibus and general
allegations is not permissible.
He further submitted that FIR was lodged as a
counterblast to the petition filed for dissolving the marriage on the ground
of cruelty.
On the other hand, the advocate for the
wife submitted that the chargesheet clearly discloses the commission of the
offence alleged against the petitioners.
And the advocate further submitted that
there is a specific allegation of cruelty made out by the husband at the
instance of other petitioners and the same does not interfere and sought for dismissal of the petition.
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Read 10 Tips to Counter Claim of Maintenance under Section 125 CrPC. when life leaves the husband without any reasonable cause and maintenance can be denied.
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Referred cases - 498A Quash after chargesheet 14.06.2022
1. State of Andhra Pradesh v. Madhusudan
2.
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Court opinion - 498A Quash after chargesheet 14.06.2022
By reading the FIR lodged by the wife which
clearly indicates that the marriage was solemnized with the husband on
15.06.2014 and on 24.06.2014 she left for the USA along with her husband and
continued her marital life with the husband in the USA till she returned to
India on 20.11.2017.
During her stay in the USA, the wife was
subjected to cruelty by her husband at the instance of other petitioners and
also there was a demand to bring money from her parental home. Before lodging
of the present FIR, the husband had
filed a petition for dissolving the marriage with the wife on the ground of
cruelty.
The said petition was filed on 06.08.2018. The
FIR was lodged on 02.08.2019 after nearly 2 years of her arrival from the USA
without offering any reasonable explanation.
FIR was lodged without offering any reasonable
explanation as an afterthought so as to circumvent the proceeding initiated by the
husband to dissolve his marriage with the wife on the ground of cruelty.
Hence, the FIR lodged by the wife without
offering any plausible explanation is malice and without probable cause.
Except for omnibus and general allegations, there are
no specific allegations against the petitioners as to how and in what manner the
wife was subjected to cruelty by the petitioners. Hence, the continuation of
the criminal proceedings against the petitioners would amount to an abuse of the
process of law, and the FIR was lodged so as to falsely implicate and wreak
vengeance.
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Conclusion - 498A Quash after chargesheet 14.06.2022
In this article, the Karnataka High Court has
held that the allegations made against the petitioners were general 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 majorly the allegations were raised against the husband.
Hence, the Karnataka High Court feels it right
to Quash the criminal proceedings initiated against the petitioners.
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