498A Quash after Chargesheet 20.08.2022 - Bombay High Court – Vague allegations made against the in-laws. FIR Quashed.
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| 498A Quash after Chargesheet 20.08.2022 |
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Mahendra Chandrakant Pandhare vs The State Of Maharashtra on 20.08.2022
498A Quash after Chargesheet 20.08.2022 – In this article, the Bombay High Court has held that the allegations made against the in-laws 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 in-laws for quashing the criminal proceedings initiated against the petitioners is allowed and the FIR is quashed.
Case brief - 498A Quash after Chargesheet 20.08.2022
The marriage of the wife
and the husband was solemnized on 25.10.2018, according to the Hindu rites and
rituals. Initially, everything was running smoothly in the said wedlock. It is
alleged in the FIR filed by the wife that the couple was residing happily and
peacefully for a period of 10 to 15 days.
Soon thereafter, the
husband, father-in-law, and mother-in-law of the wife started complaining that
they were not given a dowry, gold ornaments, and proper respect in the marriage. Again,
after a fortnight, the other members adopted the language used by the father-in-law
and mother-in-law and made an unlawful demand of Rs. 20 lakhs for purchasing a
house.
The wife said that her
father has spent a huge amount in the marriage and now he doesn't have money. On
saying so, the family members got annoyed and they started beating and abusing
the wife. The wife informed her about the said incident to her parents.
Case brief - 498A Quash after Chargesheet 20.08.2022
It is further alleged in
the FIR that, thereafter, on 02.10.2019, her in-laws and the husband of the
wife again asked the wife to bring from her parents an amount of Rs. 20 lakhs
for purchasing a house in Nashik and when the wife denied for the same, she was
abused, beaten up and driven out of the matrimonial home.
Thereafter, the wife left
for her maternal home and since then she has been staying with her parents.
Thereafter, her husband came to her parent's home to take her back to her
matrimonial home, and on signing the agreement, the wife went along with her
husband to her matrimonial home.
Again after a fortnight,
when the husband of the wife took her to his parents she was driven out of the
home, and thereafter, both the husband and the wife came back.
Case brief - 498A Quash after Chargesheet 20.08.2022
It is further alleged in
the FIR that, on 29.12.2021, the husband again demanded Rs. 20 lakhs to bring from
her parents to purchase a house & when the wife denied it, she was beaten and
abused by her husband. When the wife threatened of going to the Police, she was
threatened with life by her husband.
The wife then approached
the Police Station and registered a complaint against her husband. Thereafter,
when her husband came to know about the complaint he abused and beat her and
drove her out of the home. Ever since she is staying with her parents.
It is further alleged that
on 06.02.2022 when the wife was at her parent's home, the family members excluding
the mother-in-law came and demanded divorce by handing over divorce papers, and
when the parents of the wife tried to convince the family members, they started beating
the parents of the wife and also said that the family members have filed cases
against them at the Police station, she will be killed. Hence, the wife has
filed a complaint as referred to above against all the family members.
Case brief - 498A Quash after Chargesheet 20.08.2022
The family members have
stated in the Criminal Application that the complaint filed by the wife is
nothing but a concoction of false incidents and only with a view to harass the family
members, she has lodged a false complaint. After seven days of the marriage,
the wife and the husband started residing at Yeola, as the husband works as a Clerk in the Court at Yeola, therefore, the allegations of ill-treatment
and harassment at the hands of applicants are false.
The family members have further stated in the application that there was a dispute between the husband and the wife when they were residing at Yeola.
The wife had called her parents
at Yeola and they assaulted the husband and thereupon the husband filed an FIR
against the wife and others at Yeola Police Station, for the offences
punishable under Sections 143, 147, 149, 324, 323, 504, 506 and 427 of IPC on
03.10.2019.
Case brief - 498A Quash after Chargesheet 20.08.2022
Due to the said complaint,
the relations between the couple were strained, and therefore they filed
proceedings under Section 9 of the Hindu Marriage Act for restitution of conjugal
rights. The said proceedings, after compromise, were withdrawn on 25.09.2021.
The wife again filed
proceedings under Section 125 of CrPC against the husband seeking maintenance
and the same was withdrawn after compromise. The wife again filed a complaint seeking
relief under the provisions of Domestic Violence Act.
The family members have
further stated in the Criminal Application that even after the strained
relations, the husband tried to cohabit with the wife by signing a document by
mutual consent, which was executed on 28.06.2021.
All the applicants in
Criminal Application stay at Ahmednagar and only with a view to harassing all the
applicants, the wife has filed a complaint against them. Hence, it is prayed
that the FIR be quashed against all the applicants.
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Arguments - 498A Quash after Chargesheet 20.08.2022
Advocate appearing for the petitioners submitted that the allegations
leveled against the petitioners are false. The wife only with a view to wreak
vengeance on the petitioners has arrayed them in the offence in question. It
is nothing but a concocted story, as no incident as alleged in the FIR has taken
place.
He further submitted that all the petitioners reside separately from the
husband and the wife and they have never shared a common shelter with them. He further
submitted that, the husband serves in a Court at Yeola and both the husband and
the wife were staying at Yeola, Nashik.
The petitioners have nothing to do with the marital life of the wife and
they have been roped in the offence in question only with an intention to
pressurize them. On the basis of the allegations made in the criminal
complaint, no cognizable offence can be said to have been committed. He,
therefore, prayed that the Criminal Applications to be allowed.
Arguments - 498A Quash after Chargesheet 20.08.2022
After hearing the parties for some time, when this Court showed a disinclination to grant relief in favor of the husband in Criminal Application,
the advocate for the petitioner, on instructions, sought to withdraw the said
application. Leave granted. The Criminal Application stands
disposed of as withdrawn. Now, therefore, only the second Criminal Application is considered.
Advocate for the petitioners further stated that vague and general allegations
have been made against the petitioners. He further submitted that, the complaint
is instituted with an ulterior motive for wreaking vengeance on the petitioners
and with a view to spite them due to private and personal grudge.
Arguments - 498A Quash after Chargesheet 20.08.2022
The delay in registering the complaint is not explained which washes out
its credibility. No specific avert act is attributed against any of the petitioners.
All the petitioners in the present application are relatives and reside at different
places in Ahmednagar. Hence, he prays for allowing the application.
Advocate appearing for the State, and advocate appearing for the wife submitted
that specific allegations have been made against all the petitioners, hence
there is no question of quashing the FIR against the petitioners.
Referred cases - 498A quash after Chargesheet 20.08.2022
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 20.08.2022
For quashing the criminal proceedings under Section 482 CrPC the court
has to see, whether the allegations in the complaint and FIR prima facie
establish the ingredients of the offence alleged. The court is of the view that
under Section 482 CrPC, we have inherent powers to make such orders as may be
necessary to prevent abuse of the process of law to secure the ends of justice.
On reading the FIR, it is clear that the mother-in-law & father-in-law, who are old aged in-laws of the wife, reside at Ahmednagar.
Other petitioners work in different departments at Ahmednagar and both of them reside in Ahmednagar. The married sister-in-law of the wife works as Asst. Teacher in the Girls School and resides with her husband.
Court opinion - 498A Quash after Chargesheet 20.08.2022
Another
married sister-in-law of the wife stays with her husband. Another married sister-in-law of the wife stays with her husband.
As such, all the petitioners never stayed with the wife and the husband.
All these petitioners in the Criminal Application are relatives of the husband of the
wife. There are vague allegations against them in FIR.
Court opinion - 498A Quash after Chargesheet 20.08.2022
On the basis of the allegations made in the Criminal Complaint, no
cognizable offence can be said to have been made out. Thus, the court is of the considered view
that the wife only with an intention to harass the applicants, has filed the
complaint also against far-off relatives i.e. petitioners.
Continuation of prosecution against petitioners, who are far-off
relatives of the husband and who stay separately in their own houses, in our
opinion, would amount to an abuse of the process of law.
Buy "Guide to Fight Maintenance Under section 125 Cr.P.C
_________________________________________________________________________________
Conclusion - 498A Quash after Chargesheet 20.08.2022
In this article, the Bombay High Court has held that the allegations made
against the in-laws are 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 the criminal proceedings.
Therefore, the FIR against the petitioners is quashed as a result.
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