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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| 498A Quash after chargesheet 29.06.2022 |
Sri Akhani Athaulla vs State Of Karnataka on 29.06.2022
498A Quash after chargesheet 29.06.2022 – In this article, the Karnataka High Court has held that the FIR filed in this case has been filed against the parents-in-law & the sister-in-law as the allegations made against them are false and they are dragged in the criminal proceedings with a wrong intention. It is clear that all the petitioners never got a chance to reside with the wife at her matrimonial home. After reading the FIR and the chargesheet it is clear that majorly the allegations were against the husband. The petitioners were dragged in the criminal proceedings as Omnibus allegations were made against them without quoting any specific incident which would attract the provisions of section 498A IPC. And hence, the FIR against the petitioners were quashed.
Case brief - 498A Quash after chargesheet 29.06.2022
The marriage between the
husband and the wife took place on 14.01.2018 and was solemnized as per the
rites and customs of their religion. Initially, everything was running smoothly
between the couple.
Eventually, the relationship
between the two appeared to have turned sore and on that score, the wife registered
a complaint on 12.12.2020 alleging torture for dowry demand by the petitioners
i.e.; parents-in-law & sister-in-law.
The police after the investigation
had filed a chargesheet against the petitioners for the offences punishable
under Section 498A, 114, 323, 307, 504, and 34 of IPC and Sections 3, 4, &
6 of the Dowry Prohibition Act, 1961.
On the filing of the chargesheet,
the petitioners are standing here before this court in the subject petition.
Further, the criminal proceedings initiated against the petitioners have been
interjected by an interim order which is granted by this Court.
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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 29.06.2022
The advocate appearing for the petitioners submitted that there
are no allegations made against the petitioners, who are father-in-law,
mother-in-law, and sister-in-law, who did not reside with the wife at any point
in time and were without any reason dragged into these criminal proceedings. The
advocate would clarify that Section 307 of IPC is alleged against the husband,
as there are instances of such torture, which would become offence punishable
under Section 307 of IPC against the husband.
On the other hand, the advocate appearing for the wife would seek to
justify the action of registration of the chargesheet against the petitioners
and would submit that it is a matter of trial to continue so the petitioners
have to come out clean.
Prosecutor would toe the lines of the advocate appearing for the wife.
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Referred cases - 498A
Quash after chargesheet 29.06.2022
1.
2. Rajesh Sharma v.
State of Uttar Pradesh
3. Arnesh Kumar v.State of Bihar
4. Preeti Gupta v.
State of Jharkhand
5. Geeta Mehrotrav. State of Uttar Pradesh
6. G.V. Rao v.
L.H.V. Prasad
7. K. Subba Rao v. The State of Telangana
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Court opinion - 498A Quash after chargesheet 29.06.2022
The above-mentioned narration is the allegation against the petitioners,
except making omnibus statements that the petitioners have instigated the
husband to behave in the manner that he has behaved, which is without any doubt
reprehensible, as there are no statements that would touch the offences under
the IPC. As far as the offences under the Dowry Prohibition Act, 1961 is
concerned, the complaint narrates that the petitioners belong to a well-to-do
family and have lots of money.
Therefore, the probability of the allegations being made for dowry demand
wouldn’t hold water against the petitioners.
The police after investigation filed the chargesheet. All the
allegations in the charge sheet also point at instances of torture by the
husband and instigation by the petitioners herein. Finding nothing that would
touch upon the offences punishable under Section 498A or 323 or 307 of IPC
against the petitioners. The court deems it appropriate to terminate the
proceedings qua the petitioners.
Considering the undisputed facts and the judgment of the Apex Court, if
further proceedings would continue, it would result in a miscarriage of
justice.
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Conclusion - 498A Quash after chargesheet 29.06.2022
In this article, the Karnataka High Court has held that the allegations made
against the petitioner i.e.; parents-in-law & the sister-in-law were omnibus
in nature. As it is clear that the petitioners never got a chance to reside with
the couple in her matrimonial home. The petitioner was dragged into the criminal
proceeding.
The allegations don’t attract the provisions of Section 498A IPC. By reading the FIR it is clear that majorly the allegations were made
against the husband.
Therefore, the Karnataka High court
has quashed the FIR filed against the petitioners.
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