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Home 498aJudgments 498A Quash after Chargesheet 20.07.2022 - Madras High Court – Bald and Vague allegations made against the husband & his family members. FIR Quashed.

498A Quash after Chargesheet 20.07.2022 - Madras High Court – Bald and Vague allegations made against the husband & his family members. FIR Quashed.

 498A Quash after Chargesheet 20.07.2022 - Madras High Court – Bald and Vague allegations made against the husband & his family members. FIR Quashed.

Rakesh vs The State on 20.07.2022

498A Quash after Chargesheet 20.07.2022 – In this article, the Madras High Court has held that the allegations made against the husband and his family members are bald and vague in nature. The Madras High Court further held that the allegations leveled against the petitioners were for the sole reason to rope in the petitioners in criminal proceedings. Hence, the Madras High court finds it right to quash the FIR against the petitioners.

 

Case brief - 498A Quash after Chargesheet 20.07.2022

The case of the prosecution is that the petitioners/A1, 2 & 3 had demanded the earnings of the defacto complainant and had tortured her, and took away her child without proper consent from the defacto complainant. The defacto complainant has also stated that the petitioners had harassed her.

The marriage of the husband and the wife was solemnized on 15.2.2013 as per the rites and customs of their religion as per the wish of the elders. After the marriage, both of them started to reside at Namakkal along with the husband’s relatives herein.

The wife was working at CTS in the United States of America and wanted to continue her job there. Therefore, the husband also accompanied the wife to the United States and they resided there for 4 ½ years.

Case brief - 498A Quash after Chargesheet 20.07.2022

A girl child was born out of wedlock on 09.07.2014. Thereafter, the petitioners took the child with the consent of the wife to London for her schooling. In fact, the wife had issued a consent letter duly attested by the notary public for her child to travel abroad along with the petitioners herein.

While being so, the wife lodged a complaint against the petitioners alleging that the husband refused to give back the child since the validity of her passport expired. The husband approached the family court in London since the wife compelled the husband to bring back the child.

As a counterblast to the said petition, the wife lodged a complaint as against the petitioners alleging that the petitioners harassed her and also threatened her with dire consequences.

Case brief - 498A Quash after Chargesheet 20.07.2022

At the instance of the petitioners, the husband had beaten his wife and drove her from the matrimonial home. Whenever it was questioned by the wife, the petitioners refused to take her back to the matrimonial home and also instigated the husband to torture the wife.

After registration of FIR, the first respondent completed the investigation and filed the final report against all the petitioners herein for the offence under Sections 498A and 506(i) of IPC. As against the husband, there are specific allegations to attract the offence under Section 498A and 506(i) of IPC.

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Read Latest Article- 498A Quash Judgement 19.07.2022 - Calcutta High court - Baseless allegations made against the husband and his relatives. FIR Quashed.

Read Latest Article- 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.

Read Latest Article- 498A quash after chargesheet 29.06.2022 - Karnataka High court - Omnibus statements made against parents-in-law & sister-in-law. FIR Quashed.

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Arguments - 498A Quash after Chargesheet 20.07.2022

The court has heard the advocate for the petitioners and the Additional Public Prosecutor appearing for the police.

Though notice was served, no one appeared on behalf of the wife before this Court in person or through pleader.

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Referred cases - 498A Quash after Chargesheet 20.07.2022

1. Devendra Prasad Singh Vs. State of Bihar

2. M.Jayanthi Vs. K.R.Meenakshi

3. Central Bureau of Investigation Vs. Arvind Khanna

4. Manik Taneja and anr. Vs. State of Karnataka

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Court opinion - 498A Quash after Chargesheet 20.07.2022

Insofar as the petitioners are concerned, all the allegations made against them are bald and vague and there is no material available to attract the offence under Section 498A and 506(i) IPC. Even according to the wife, they simply instigated the husband herein to torture the defacto wife. They refused to allow her into the matrimonial home.

The petitioners also refused to hand over the child to the wife. When it was questioned by her family members, they were threatened by the petitioners with dire consequences. Except, for these allegations, no other allegations and materials are available to bring the charge under Section 498A and 506(i) of IPC into the home.

Court opinion - 498A Quash after Chargesheet 20.07.2022

In view of the above, this petition against the husband is dismissed and the trial court is directed to complete the trial within a period of six months from the date of receipt of copy of this order insofar as the husband.

Insofar as the second and third petitioners, this criminal petiton is allowed and the proceedings on the file of the Judicial Magistrate, Namakkal is quashed as against the second and third petitioners alone. Consequently, connected miscellaneous petition is closed.

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Buy "Guide to Fight Maintenance Under section 125 Cr.P.C

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Conclusion - 498A Quash after Chargesheet 20.07.2022

In this article, the Madras High Court has held that the allegations made against the petitioners are vague and bald in nature. The allegations leveled against the petitioners were made without quoting any specific avert act which would attract the provisions of Section 498A and 506(i) IPC against any of them.

As it is clear from reading the FIR that the allegations were made to forcefully rope in the petitioners. Hence, the Madras High Court quashed the proceedings against the petitioners.


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