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Home 498aJudgments 498A Quash after Chargesheet 03.08.2022 - Calcutta High Court – Vague allegations made against the in-laws. FIR Quashed.

498A Quash after Chargesheet 03.08.2022 - Calcutta High Court – Vague allegations made against the in-laws. FIR Quashed.

498A Quash after Chargesheet 03.08.2022 - Calcutta High Court – Vague allegations made against the in-laws. FIR Quashed.

498A Quash after Chargesheet 03.08.2022 - Calcutta High Court – Vague allegations made against the in-laws. FIR Quashed.
498A Quash after Chargesheet 03.08.2022

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Read More Judgements on 498a Quash

498A Quash after Chargesheet 03.08.2022 – In this article, the Calcutta High Court has held that allegations that have been made against the in-laws were vague in nature. Calcutta High Court further held that the allegations made against the in-laws do not disclose any offence to attract the provisions of Section 498A. it is clear from reading the FIR that allegations are made against the husband. Therefore, prayer for quashing the FIR against the husband is rejected but prayer for quashing the criminal proceedings initiated against the other petitioners is allowed.

 

Case brief - 498A Quash after Chargesheet 03.08.2022

The marriage of the husband and the wife was solemnized as per the Muslim Rites and Customs. During the time of the marriage, gold ornaments and other articles were given to the couple.


It is further stated that a few days after the marriage, the husband raised a demand of cash from the father of the wife and since the father of the wife couldn’t arrange for the amount demanded, the wife was subjected to ill-treatment and torture both mentally and physically.


The Father of the wife requested the husband not to inflict any further torture but the husband did not pay any attention to such request. On 29.1.2016 the petitioners physically assaulted the wife and drove her from her matrimonial home.


Subsequently, on 24.01.2018 the husband came to the paternal home of the wife and made an attempt to kill her.

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Read Latest Article- 498A Quash Judgement 01.08.2022 - Himachal Pradesh High court - Falsely Implicated allegations made against the mother-in-law & sister-in-law. FIR Quashed.

Read Latest Article- 498A Summons Quashing 25.07.2022 - Allahabad High court - General allegations made against the husband and the in-laws. Summons Quashed.

Read Latest Article- 498A Quash Judgement 20.07.2022 - Madras High court - Bald and Vague allegations made against the husband and his family members. FIR Quashed.

BUY "498A QUASH" - EBOOK - A GUIDE TO 498A QUASH

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Arguments - 498A Quash after Chargesheet 03.08.2022

The advocate appearing for the petitioner submitted that in the year 2016, the husband of the wife went to the home of the wife to bring her back to the matrimonial home but the wife and her family members misbehaved with the husband and tried to assault him.

He further submitted that on 18.7.2016, the wife gave 'khula' (divorce) in the presence of her parents and relatives, and local people to the husband and on the same day, the petitioner returned all her stridhan articles.

In fact, the instant proceeding has been initiated by the wife after the dissolution of the marriage. He further submitted that in the FIR the wife stated that besides her husband her in-laws have also demanded an additional amount of dowry from her father but the statements in the case diary do not support such allegations against the in-laws of the wife.

Arguments - 498A Quash after Chargesheet 03.08.2022

In fact, the wife has voluntarily left her matrimonial home but the police have submitted the chargesheet under Section 498A of the Indian Penal Code without conducting a proper investigation.

He further submitted that the husband tried his level best to resume the conjugal life but the wife gave 'khula' (divorce) to the husband and the lodging of the FIR is clearly an afterthought and has been filed with a motive to harass the petitioners.

To the contrary advocate appearing for the wife submitted that evidence collected during the investigation and the contents of the complaint itself, clearly discloses offence against the husband.

Arguments - 498A Quash after Chargesheet 03.08.2022

At the time of marriage, the husband expressed that he is a divorcee but, it appears that he has another wife and a child prior to this marriage and a criminal case under Section 498A/292/373 of the IPC is pending before the District Judge vide FIR no. 577 of 2011.

He further submitted that the husband tried to kill the wife by pouring kerosine oil but somehow the wife managed to save herself. The husband made five to seven attempts to kill the wife and also forcibly aborted her pregnancy on 3.8.2015 and 20.4.2017.

Furthermore, the husband took naked photos and videos of the wife, without her knowledge of the wife and now threatens to share the same on social media platforms.

Arguments - 498A Quash after Chargesheet 03.08.2022

On 24.2.2018 the husband brutally assaulted the wife and threw acid toward the wife and as such police have rightly submitted chargesheet against the husband.

The advocate representing the State submitted that sufficient incriminating evidence has been collected during the course of the investigation against the husband and the FIR itself discloses offence under various provisions of the IPC against the husband.

Moreover, the investigation has already been ended in the chargesheet and the case is pending for trial and as such at this stage, it would not be proper to quash the proceeding invoking power under Section 482 of the Code of Criminal Procedure.

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Referred cases - 498A quash after Chargesheet 03.08.2022

1.  State of Haryana v. Bhajan Lal

2. Kahkashan Kausar @ Sonam and ors. Vs. State of Bihar

3. Neelu Chopra and others v. Bharti

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Court opinion - 498A Quash after Chargesheet 03.08.2022

It is clear from the complaint and from the materials in the case diary including the statements recorded under Section 161 of the Code of Criminal Procedure that it discloses offence against the husband but the false object behind implicating other petitioners is apparently to harass them.

On reading the contents of the FIR it is clear that no specific overt act has been alleged against any of the petitioners. Casual reference of the names of family members in a matrimonial dispute without active involvement in the matter does not justify putting them on trial.

In the above backdrop, the court is of the view that prayer for quashing the present proceeding against the husband is liable to be rejected but the prayer for quashing the present proceeding against the other petitioners is required to be allowed for the ends of justice.

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Conclusion - 498A Quash after Chargesheet 03.08.2022

In this article, the Calcutta High Court has held that the allegations made against the in-laws are vague in nature. 

It is clear from the FIR that majorly the allegations were made against the husband and the allegations made against the in-laws do not attract the provisions of Section 498A as it doesn’t specify any avert act against the wife.

Therefore, prayer for quashing the FIR against the husband is rejected but prayer for quashing the criminal proceedings initiated against the other petitioners is allowed.


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