498A Quash Judgement 19.07.2022 - Calcutta High Court – Baseless allegations made against the husband & his relatives. FIR Quashed.
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| 498A Quash Judgement 19.07.2022 |
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Shri Goutam Majumdar @ Goutam ... vs The State Of West Bengal & Anr on 19.07.2022
498A Quash Judgement 19.07.2022 – In this article the Calcutta High Court has held that the allegations made against the petitioners i.e.; the husband, the sister-in-law & her husband, son of the sister-in-law & his wife are baseless in nature. The Calcutta High Court further held that the allegations were levelled against the petitioners for the sole reason to rope in the petitioners in criminal court proceedings. Hence, the Calcutta High court finds it right to quash the FIR against the petitioners.
Case brief - 498A Quash Judgement 19.07.2022
The marriage of the husband and the wife was solemnized on 11.2.1974
as per the rites and customs of their religion. Since the day of marriage, the wife
has not been able to adjust with the husband and his family members. There were
disputes and differences between the parties at a regular interval due to behavioral
attitude of the wife.
However, two sons and a daughter were born out of wedlock who are
now well established in their life. The husband was a bank employee and his
service was transferable one due to which he had to spend several years out of the station. Few years back he has returned to his home town and started to reside
with his family permanently but to his surprise, he discovered that his wife,
son, and daughter were not actually happy with him.
The wife is very demanding in nature and she always demands a huge
amount of money from her husband. The other petitioners are the sister-in-law,
the husband of the sister-in-law, the son of the sister-in-law, and the wife of the
son of the sister-in-law. They all are well settled in their lives and they
have built their separate residence at different places.
Case brief - 498A Quash Judgement 19.07.2022
The husband, In fact, had been so depressed due to the rude and
obscene behavior of his wife that lately, he attempted to commit suicide on
several occasions but luckily every time, the sister-in-law & her husband
saved his life.
The sister-in-law has always threatened the husband with unlawful
demands and also threatened to lodge criminal cases against the husband under
the charges of attrocities and/or cruelty to the wife and used to threaten to
put the husband behind the bar under the provision of Indian Penal Code.
When the wife got unsuccessful in extorting huge amount of money
from the husband as per her demands, she went to the sister-in-law’s house with
some antisocial elements on 21.4.2019 and committed a huge disorder and also
abused her with filthy language for which the husband sent a complaint dated
11.4.2019 describing the torture which is being committed upon him by his wife.
Case brief - 498A Quash Judgement 19.07.2022
In the meantime, being aggrieved with the aforesaid incident
committed by the wife in her house, the sister-in-law filed a case against the wife
before the court of SDM, Asansol under Section 107/116(3) of Cr.P.C for a
direction upon the wife to execute a bond to maintain peace. and on perusal of
such prayer, learned Magistrate was pleased to pass an order on 10.6.2019.
Thereafter, the wife on 3.9.2019 filed a complaint under Section 156(3)
of the Cr.P.C. with a prayer to direct the police authorities to lodge a FIR against
the petitioners under Section 498A/323/506/34 of IPC.
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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.
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Arguments - 498A Quash Judgement 19.07.2022
The advocate appearing for the petitioners submitted that the petitioners are respectable persons in the society and the allegations raised in the FIR are absolutely baseless.
The husband did not make any negligence to take care of his wife, sons and daughters as alleged. He had spent a lot of money for their well-being and for their safeguard.
He has incurred a huge expenditure for his son’s education and has married his daughter in a reputed family by spending huge money. It is quite unfortunate for him to be subjected with such ill-treatment and abusive gesture from his son and daughter.
The husband has also purchased a flat in the
city of Asansol jointly in the name of his wife.
He further submitted that application filed by the wife under Section 156(3) of the Cr.P.C. doesn’t follow the ingredients laid down in Section 154 (3) of the Code.
Arguments - 498A Quash Judgement 19.07.2022
But in spite of that Judicial Magistrate, allowed
the said application and investigation started though FIR itself is illegal and
devoid of any merit and as such is liable to be quashed.
Advocate appearing on behalf of the state submitted that petition under section 156(3) was filed with an affidavit. During investigation, sufficient materials have been collected by the investigating officer which involves a question of trial and as such it would not be proper to quash the entire proceedings at it's threshold invoking power under Section 482 of the Cr.P.C.
Moreover, petitioners have prayed for quashing FIR, but investigation has
already been ended in the chargesheet, and as such petitioner's prayer made in the
revisional application is not maintainable.
Advocate appearing on behalf of the wife supported prosecution version.
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Referred cases - 498A Quash Judgement 19.07.2022
1. Bhaskar Lal
Sharma and another v. Monica
2. Taramani Parakh v. State of Madhya Pradesh
3. Amit Kapoor v.
Ramesh Chander
4. State of West Bengal
v. Swapan Kumar Guha
5. Madhavrao
Jiwajirao Scindia v. Sambhajirao Chandrojirao Angre
6. Janata Dal v.
H.S. Chowdhary
7. Rupan Deol Bajaj
v. Kanwar Pal Singh Gill
8. G. Sagar Suri v.
State of Uttar Pradesh
9. Pepsi Foods Ltd.
v. Judicial Magistrate
10. Ganesh Narayan
Hegde v. S. Bangarappa
11. Veena Mittal v.
State of Uttar Pradesh
12. Neeharika
Infrastructure v. State of Maharashtra
13. Rajeev Kourav v. Baisahab
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Court opinion - 498A Quash Judgement 19.07.2022
By reading the FIR and the chargesheet lodged by the wife the court is of the view that it cannot be said that even if the allegations in FIR are taken as proved, no case is made out.
There are allegations against
petitioners for harassing the wife which forced her to leave her matrimonial
home.
Even now the wife continues to reside at one of her relative’s house as she apprehends lack of security and safety in her matrimonial home.
The question whether the wife has in fact been intimated criminally or assaulted
or treated with cruelty is a matter of trial but at this stage, it cannot be
said that no case is made out.
In view of the aforesaid discussion the petition is dismissed but having facts and circumstances of the case, without cost.
However, considering the fact that senior citizen are arrayed, Trial Court is requested to make expeditious disposal of the case and subject to convenience within a period of six months from the date of communication of the order without granting any unnecessary adjournment to either of parties, resorting section 309 of the code of criminal procedure.
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Conclusion - 498A Quash Judgement 19.07.2022
In this article, the Calcutta High Court has held that the allegations made against the petitioners i.e.; the husband, the sister-in-law & her husband, son of the sister-in-law & his wife are baseless in nature.
The allegations levelled against the petitioners were made without quoting any specific avert act 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 Calcutta High Court feels it right to Quash the criminal
court proceedings against the petitioners.
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