498A Quash after chargesheet 27.06.2022 - Calcutta High Court – Omnibus allegations made against the minor step-sister-in-law. FIR Quashed.
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| 498A Quash after chargesheet 27.06.2022 |
Aditi Saha vs Unknown on 27 June, 2022
498A Quash after chargesheet 27.06.2022 – In this article, the Calcutta High Court has held that the FIR filed in this case has been filed against the step-sister-in-law as the allegations made against her are false and she is dragged in the criminal proceedings with a wrong intention. It is clear that the step-sister-in-law was a minor at that point of time and after reading the FIR and the chargesheet it is clear that majorly the allegations were against the husband. The step-sister-in-law was dragged in 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 27.06.2022
The allegations raised in
the written complaint by the wife are that the marriage between the wife and
the husband was a love marriage and was solemnized as per the rites and customs
of their religion.
The father of the husband did
not give consent to their marriage and as such after marriage the wife along
with her husband started to reside at a rented accommodation.
After few days, the father
of the husband requested the husband to reside at the same home and since the
husband was willing to do so, the wife started residing with the parents of the
husband.
The wife raised the
allegation that she was subjected to mental and physical cruelty at the hands
of the step-sister-in-law and her parents. The parents of the husband and the step-sister-in-law
asked her to bring money from her father.
The wife further alleged
that the parents of the husband took all the gold ornaments that she has received
from her parental home at the time of her marriage.
The petitioners in the case
in hand are the step-sister-in-law of the wife and the husband of the wife who was
born out of the wedlock between his father and mother.
Case brief - 498A Quash after chargesheet 27.06.2022
The husband was residing separately
from his father along with his mother, since 28th November 1992 when the mother
of the husband got separated from his father, and at that point of time, the husband’s
age was just nine years.
The mother of the husband has
filed an application for dissolution of the marriage by a decree of divorce
before the Family Court at Calcutta and their marriage got dissolved.
After dissolution of the
said marriage, the father of the petitioner had no contact with the mother and the
husband. Subsequently the father got married the second time, and due to said
wedlock between the father and the second wife step-sister-in-law was born.
The step-sister-in-law since
the childhood has never known or met the husband i.e.; her step-brother, and the
husband of the wife nor did the husband has ever resided with the family of the
step-sister-in-law.
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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.
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Arguments - 498A Quash after chargesheet 27.06.2022
The advocate appearing for the petitioners submitted that at the time of lodging the complaint, the wife was residing at a rented accommodation in Calcutta. However, in the complaint, it has been wrongly contended that she had been residing at a different place.
The wife and her husband (petitioner's step-brother) never resided with the family of the petitioner i.e.; the step-sister-in-law. As far as the petitioner is concerned prior to the institution of the case had the occasion to meet the wife only once i.e., on the day of the Annaprasan Ceremony of the daughter of the wife.
Advocate for the petitioner argued that the judicial Magistrate, without
any applying his judicial mind, took cognizance against the petitioner vide
order dated 7th July 2015.
The petitioner at the time of taking cognizance was a minor. Actually,
the wife has never, prior to the institution of the complaint, resided with the
step-sister-in-law and the said complaint was filed after lapse of five months
from the alleged date of occurrence.
Arguments - 498A Quash after chargesheet 27.06.2022
There is no question of the petitioner along with her parents inflicting
cruelty upon the wife or taking away her articles. The entire story put forth
by the wife is false and fabricated.
No specific material evidence is available against the petitioner so as to
justify the continuance of the impugned proceedings against the petitioner. The FIR
and the materials on record, do not disclose the essential ingredients of
offence against the minor petitioner punishable either under Section 498A, 406,
& 34 of IPC or Section 3 & 4 of the Dowry Prohibition Act.
The advocate further argued that the petitioner does not come under
"relative of husband" and furthermore it is not at all believable
that a minor girl, who never resided with her wife, inflicted any kind of torture
or has committed any kind of criminal breach of trust and a minor girl's future
career is going to be ruined if the continuance of trial is allowed against
present petitioner and as such the criminal proceedings against the present
petitioner is not maintainable and liable to be quashed.
Advocate representing the state concedes that during investigation no incriminating material could be collected against the present petitioner.
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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 27.06.2022
1. Kahkashan Kausar @ Sonam and Others v State of Bihar and Others
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Court opinion - 498A Quash after chargesheet 27.06.2022
By considering the materials in the case diary including the complaint, it appears that only in one sentence in the written complaint, an omnibus statement has been made that after some days of marriage her father-in-law, step-mother-in-law and step-sister-in-law (present petitioner) started to inflict physical and mental torture upon the wife and at the end of the written complaint, it has been prayed by the wife for taking action against her step-mother-in-law, father-in-law and the present petitioner, who is her step sister-in-law.
On reading the entire case diary, the court doesn’t find any report in support of inflicting physical cruelty by the present petitioner i.e.; the step-sister-in-law.
The prosecution has recorded statements of three witnesses
under Section 161 of the Code of Criminal Procedure out of which no one has
uttered a single word against the present petitioner and only general
allegation against the present petitioner has been levelled in a single
sentence in the complaint without specifying what specific role had been played
by the present petitioner in committing the alleged crime.
Court opinion - 498A Quash after chargesheet 27.06.2022
Considering the facts of the case, it appears to the court that entire
allegations are levelled against the other accused persons but not against the
present petitioner who was a minor at that point of time.
Considering the fact that there isn’t even a remote chance of conviction
against the present petitioner in view of the materials available as far in the
record and that if the criminal proceedings against the present petitioner is
allowed, it will be a mere abuse of the process of the court.
Therefore, all further proceedings pending against the petitioner under Section 498A, 406, & 34 of IPC read with Section 3 & 4 of the Dowry
Prohibition Act in respect of the present petitioner is hereby quashed.
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Conclusion - 498A Quash after chargesheet 27.06.2022
In this article, the Calcutta High Court has held that the allegations made
against the petitioner i.e.; step-sister-in-law were omnibus in nature. As it
is clear that the step-sister-in-law was a minor and has never got a chance to
reside with the couple in her matrimonial home. The petitioner was dragged into
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.
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