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Home 498aJudgments 498A Quash after Chargesheet 12.08.2022 - Calcutta High Court – Vague allegations made against the Brother-in-law. FIR Quashed.

498A Quash after Chargesheet 12.08.2022 - Calcutta High Court – Vague allegations made against the Brother-in-law. FIR Quashed.

 498A Quash after Chargesheet 12.08.2022 - Calcutta High Court – Vague allegations made against the Brother-in-law. FIR Quashed.

498A Quash after Chargesheet 12.08.2022 - Calcutta High Court – Vague allegations made against the Brother-in-law. FIR Quashed.
498A Quash after Chargesheet 12.08.2022

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Aditya Mohta vs Unknown on 12.08.2022

498A Quash after Chargesheet 12.08.2022 – In this article, the Calcutta High Court has held that allegations that have been made against the brother-in-law were vague in nature. Calcutta High Court further held that the allegations made against the brother-in-law do not disclose any offence to attract the provisions of Section 498A. Therefore, the prayer against the brother-in-law for quashing the criminal proceedings initiated against him is allowed and the FIR is quashed.

 

Case brief - 498A Quash after Chargesheet 12.08.2022

The marriage of the wife along with the husband was solemnized on 3rd June 2015 and there was no exchange of gifts by and between the parties at the time of the marriage and social marriage was arranged on the mutual decision of both the parties.

The marriage was duly consummated and the wife started living with her husband but she kept herself away from the loyal duties toward the family members of the husband. The wife was disrespectful towards the brother-in-law and his family members.

The brother-in-law stated that the wife lodged an FIR on the allegation that after the marriage of the wife, it came to her knowledge that her husband was a divorcee.

Case brief - 498A Quash after Chargesheet 12.08.2022

Further, it was alleged that the petitioner being the brother-in-law along with his wife and husband of the wife started torturing the wife physically and mentally which ultimately had driven her away from her matrimonial home.

It was further alleged that the brother-in-law along with his wife wanted to grab the entire property given to the wife at the time of marriage and the petitioner along with his wife abused the wife with filthy and abusive language without any reason.

Subsequently, the wife gave birth to a child and the wife was compelled to return to her matrimonial home when she was forced to stay in an old dilapidated room without proper food and medical facilities, whereas the husband stayed at 4th floor of the same building at luxurious life and style with all amenities.

It is further alleged that the husband along with the brother-in-law and his wife always condemned the wife for giving birth to a female child.

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Arguments - 498A Quash after Chargesheet 12.08.2022

The advocate appearing for the petitioner submitted that the brother-in-law is innocent and is in no way connected to the alleged offence and the present proceeding has been initiated suppressing the material fact.


Allegations against the brother-in-law herein are based on an ill-framed set of facts, only to expose the brother-in-law to unnecessary harassment and the threat of being put behind the bar. 


The brother-in-law has nothing to do with the grievance of the wife. Therefore, the continuance of the criminal proceedings so far as the petitioner is concerned, is an abuse of the process of law.


Arguments - 498A Quash after Chargesheet 12.08.2022

He further submitted that even if the prosecution story is accepted to be true then also the ingredients of offence punishable under Section 498A & 34 of the IPC and under Sections 3 & 4 of the Dowry Prohibition Act does not disclose.

The FIR and the charge sheet do not incorporate any specific allegation against the brother-in-law. Even the bald allegations made in the FIR and charge sheet were not directed against the brother-in-law herein.

He further submitted that mere mentioning of relevant sections and the language of those sections is not sufficient. Particulars of offence committed by each accused person and the role played by them in committing the said offence need to be stated.

Arguments - 498A Quash after Chargesheet 12.08.2022

In the present case, allegations made in the FIR under the charge sheet are vague as much as the allegation does not reflect any ingredient of the offence punishable under Section 498A & 34 of the IPC or under Sections 3 & 4 of the Dowry Prohibition Act, against the brother-in-law.

He further submitted that the proceeding is also barred since it has been initiated at a belated stage and the wife has not explained the delay in initiation of the proceeding and it has been filed only to harass the brother-in-law.

He also submitted that the court proceeding ought not to be permitted to degenerate into the weapon of harassment and prosecution and the first information report was lodged clearly with a view to spite the parties because of a private and personal grudge.

Arguments - 498A Quash after Chargesheet 12.08.2022

Accordingly, if the present proceeding is allowed to be continued that would be mere abuse of the process of the court and as such he prayed for quashing the proceeding in respect of the present petitioner.

It appears that in spite of service of notice, the wife remains unrepresented.

Advocate for the State placed the case diary and contended that no specific overt act has been attributed against the brother-in-law herein in the statements recorded under Section 161 of the Code of Criminal Procedure. It is not clear from their statements as to what specific role has been attributed in respect of the present petitioner in the alleged offence.

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Referred cases - 498A quash after Chargesheet 12.08.2022

1. Preeti Gupta & another Vs. State of Jharkhand

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 12.08.2022

After carefully going through the case diary, it appears that the brother-in-law has been implicated without any basis when no prima facie case is made out. 

The main object behind the prosecution is apparently to harass the brother-in-law herein, the impugned prosecution is wholly unfounded in respect of the brother-in-law. FIR is also vague as to what exact role is played by the brother-in-law in committing the offence is not mentioned.

After considering the facts and circumstances of the case the allegations made against the brother-in-law are evasive and the materials in the case diary including statements show that no specific role has been attributed to the brother-in-law in committing the alleged offence.

Therefore, the court finds that this is a fit case where invoking power under Section 482 of the Code of Criminal Procedure, the petitioner is liable to be quashed.

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Conclusion - 498A Quash after Chargesheet 12.08.2022

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

It is clear from the FIR that the allegations were made without attributing any specific avert act done by the brother-in-law. 

The allegations made against the brother-in-law do not attract the provisions of Section 498A. 

It is clear that the allegations were made just to defame the brother-in-law & make him suffer through the harshness of the criminal proceedings.

Therefore, prayer for quashing the FIR against the brother-in-law is allowed and the FIR is quashed as a result.


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