498A Quash after Chargesheet 19.08.2022 - Bombay High Court - False and Vague allegations made against the Brother-in-law & sister-in-law. FIR Quashed.
 |
| 498A Quash after Chargesheet 19.08.2022 |
GET THIS DOC IN PDF WITH CASE DETAILS
Read More Judgements on 498a Quash
Sangram Raosaheb Suryawanshi And ... vs The State Of Maharashtra on 19.08.2022
498A Quash after Chargesheet 19.08.2022 – In this article, the Bombay High Court has held that the allegations made against the brother-in-law & sister-in-law were vague in nature. Bombay High Court further held that the allegations made against them do not disclose any offence to attract the provisions of Section 498A. Therefore, the prayer against the brother-in-law and sister-in-law for quashing the criminal proceedings initiated against him is allowed and the FIR is quashed.
Case brief - 498A Quash after Chargesheet 19.08.2022
The marriage of the wife along with the husband was
solemnized on 04.12.2017, as per Hindu rites and rituals. During the time of the marriage ceremony, all the relatives were given proper respect and the
household articles required were gifted to the wife by her parents.
It further came to the notice, at the time of
settlement of marriage, the husband had told the wife that he serves in the
capacity of a Manager in sgp Company at Ranjangaon and draws a salary of Rs.
1,00,000/- and mentioned that he has a flat over there for residing. Relying on
the husband’s statement, the father of the wife fixed the marriage of the wife
with the husband.
It is now stated in the FIR that, after the marriage,
when enquired about the job of the husband, it was revealed that neither he was
working as a manager in any of the Company nor he had any flat for residing
there.
Case brief - 498A Quash after Chargesheet 19.08.2022
It is further stated in the FIR that, after the marriage, the wife went for cohabitation at her matrimonial home at Karjat. The members in the matrimonial family include her husband, father-in-law, mother-in-law, and brother-in-law.
While cohabiting in a joint family, the husband,
at the instance of his father-in-law, mother-in-law, and brother-in-law, used to
ill-treat his wife. All the family members harassed the wife by keeping her
starving. They demanded Rs. 5 lakhs from her wife as dowry demand for
purchasing a house.
It is further stated in the FIR that, due to the non-fulfilment of the
said demand, the family members and her father-in-law started beating her and
dragging her out of the matrimonial home four-five times.
Case brief - 498A Quash after Chargesheet 19.08.2022
At that time, her maternal uncle and father had convinced the husband, mother-in-law
and father-in-law and dropped her back at the matrimonial home for
cohabitation. While cohabiting, the brother-in-law and sister-in-law used to
backbite her husband about the wife and thereby harassed her.
It is further the case of the wife in the FIR that, the husband, at the
instance of mother-in-law and father-in-law, used to demand from time-to-time
Rs. 5 lakhs from her, and thereupon brother of the wife transferred Rs.
35,000/- online in the account of the husband, only with a view to keep harmony
in the marital life of the wife.
Even after fulfilling the part demand of money, the applicants and the
father-in-law kept harassing the wife and on 16.10.2018, the husband said to
the wife that since she has been unable to fulfill the dowry demand, she should
leave him as he wanted to perform the second marriage. When she denied doing so,
the applicants including her father-in-law beat her, abused her, and drove her
out of the home. She then started to reside at her parent's home.
Case brief - 498A Quash after Chargesheet 19.08.2022
It is further stated in the FIR that, thereafter the wife with the intervention of her relatives, tried to get back to her matrimonial home but the applicants refused to let her in. Moreover, the applicants abused her in foul language.
The wife had hope that she will be taken back to her
matrimonial home and even after she waited for a long time but in vain, and because
of this reason, there has been a delay in lodging the complaint.
Eventually, they filed a complaint with Karjat Police
Station against all the applicants including her father-in-law, who died during
the pendency of the present proceedings, for the offences referred to above.
The applicants have stated in the present application that the husband
and the mother-in-law of the wife were residing separately from the wife, as the
husband was serving in a company in M.I.D.C. and the wife works as Assistant
Technical Manager in the Agriculture Department of Government of Maharashtra. The
Applicants have been falsely roped into the offence in question.
Case brief - 498A Quash after Chargesheet 19.08.2022
It is further stated in the application that the wife has made a false
allegation against the applicants that they had demanded Rs. 5 lakhs from the wife
for purchasing the house and it is impossible to purchase a new house in as low
as an amount of Rs. 5 lakhs. The said allegation is false.
It is the further case of the applicants in the application that, the wife is
working as Assistant Technical Manager in Agricultural Department and,
therefore, she is a highly qualified lady having enough prudence and therefore
the allegation of cheating is not sustainable. It is further stated in the
application that the wife had left the matrimonial home on her own accord and
all efforts made by the husband to bring her back to the matrimonial home, were
futile.
The criminal case is lodged by the wife only with an intention to harass the family of the husband as the same can be seen from the FIR wherein the applicants including the father-in-law have been arrayed as accused.
The FIR is
lodged against the entire family including the sister-in-law who is married and
residing at Pune at her matrimonial home having no concern for the wife therefore the proceedings initiated need to be quashed and set aside as a continuation of the same would be an abuse of process of law as the FIR itself
was lodged afterthought and with an ulterior motive and to harass the entire
family. Therefore, the FIR and the subsequent proceedings be quashed and set aside.
During the pendency of the present application, the chargesheet was
filed before the learned Judicial Magistrate First Class.
_________________________________________________________________________
Read Latest Article - 498A Quash after Chargesheet 12.08.2022 - Calcutta High court - Vague allegations made against the brother-in-law. FIR Quashed.
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.
BUY "498A QUASH" - EBOOK - A GUIDE TO 498A QUASH
Arguments - 498A Quash after Chargesheet 19.08.2022
The advocate appearing for the petitioner submitted that the applicants are innocent. The allegations made against them are false, vague, and general in nature. There is an inordinate delay in lodging the FIR.
Though the brother-in-law
& sister-in-law reside at a different place than the place where the
incidents occurred, they have been unnecessarily roped in the offence in
question and they are not at all concerned with the same.
He further submitted that even though the husband and the
mother-in-law used to live separately from the wife as the husband and the wife
do jobs in different places and the husband and the mother-in-law had not shared the common shelter with the wife at any point in time and they have been sued in
the offence in question falsely and with an ulterior motive.
He also submitted that the brother-in-law of the wife,
has no concern with her matrimonial life of her and that the brother-in-law and
sister-in-law were residing separately, and also have no concern with the marital
life of the wife and husband. They have been falsely sued for the offence.
Arguments - 498A Quash after Chargesheet 19.08.2022
He further submitted that the allegations made even
if are taken at their face value and accepted in their entirety, do not prima
facie constitute any offence or make out a case against the applicants.
The complaint is instituted with an ulterior motive for
wreaking vengeance on the applicants and with a view to spite them due to private and personal grudges. The delay caused in registering the complaint is
unexplained which washes out its credibility and hence he seeks to quash the FIR and the subsequent proceedings against the applicants.
Advocate for the wife submitted that specific
allegations have been made against all the applicants, hence there is no
question of quashing of FIR.
Read Latest Article- 498A Quash Judgement 19.07.2022 - Calcutta High court - Baseless allegations made against the husband and his relatives. FIR Quashed.
Read Latest Article- 498A Quash after Chargesheet 03.08.2022 - Calcutta High court - Vague allegations made against the in-laws. FIR Quashed.
__________________________________
Referred cases - 498A quash after Chargesheet 19.08.2022
1. Eknath
Devkar and others Vs. State of Maharashtra
2.
3. Shaikh
Mushrraf Pasha and others Vs. State of Maharashtra
_______________________________________________________________________
Court opinion - 498A Quash after Chargesheet 19.08.2022
For quashing the criminal
proceedings under Section 482 CrPC court has to see, whether the allegations in
the complaint and FIR prima facie establish the ingredients of the offense
alleged. The court is of the view that under Section 482 CrPC, the court has inherent
powers to make such orders as may be necessary to prevent abuse of the process
of law to secure the ends of justice.
The FIR has been lodged by
the wife, the wife has specifically stated that after the marriage, the wife along
with the husband, mother-in-law, brother-in-law, and father-in-law were residing
together. The husband used to harass the wife at the instance of his father-in-law,
mother-in-law, & brother-in-law.
The wife has further stated
that an unlawful demand of Rs. 5 lakhs was made and on the said count, she was
ill-treated, harassed, beaten up, and driven out of the house by the applicants.
Since then she has been staying with her parents. She had taken efforts to
resume cohabitation but in vain.
Court opinion - 498A Quash after Chargesheet 19.08.2022
By reading the FIR it shows
that the allegations in respect of the ill-treatment, harassment, and illegal
monetary demand have been vaguely made against the applicants. The FIR shows
that the brother-in-law and sister-in-law were residing at Pune, which is far
away from the matrimonial home of the wife. No specific allegation is
attributed to any of the brother-in-law & sister-in-law and the allegations
leveled are omnibus and general in nature.
Thus, the court is of the
considered view that the wife only with an intention to harass the husband and
his family members has filed the complaint with an ulterior motive, also
against far-off relatives i.e. brother-in-law & sister-in-law. Continuation
of prosecution against them, who are far off relatives and reside separately,
in our opinion, would amount to an abuse of the process of law.
The court is of the considered
view that so far as brother-in-law & sister-in-law are concerned, there are
no specific allegations against them and only with a view to harass them they
have been arrayed as accused in the FIR. Therefore, in our view, this is a
fit case wherein we should exercise our discretion under Section 482 of the
Code of Criminal Procedure to quash the FIR against them.
_________________________________________________________________________
Conclusion - 498A Quash after Chargesheet 19.08.2022
In this article, the Bombay High Court has held that the allegations made
against the brother-in-law & sister-in-law are false and vague in nature. It
is clear from the FIR that the allegations were made without attributing any
specific avert act done by them just to wreak vengeance.
The allegations made against the petitioners are made just to harass them
and make them suffer through criminal proceedings as the allegations do not
attract the provisions of Section 498A.
Therefore, the FIR against the brother-in-law & sister-in-law is quashed
as a result.
Blogger Comment
Facebook Comment