498A quash judgement 01.08.2022 - Himachal Pradesh High Court – Falsely
implicated allegations made against the mother-in-law & the sister-in-law. FIR
Quashed.
 |
| 498A quash judgement 01.08.2022 |
GET THIS DOC IN PDF WITH CASE DETAILS
Savitri Sarang vs Bhajan Lal And Others on 1.08.2022
498A quash judgement 01.08.2022 – In this article, the Himachal Pradesh High Court has held that falsely implicated allegations made against the petitioners were general in nature. Accordingly, the present petition is allowed. The FIR is quashed. Therefore, the High court quashed the criminal proceedings initiated against the petitioners.
Case brief - 498A quash judgement 01.08.2022
The marriage of the husband and the wife was solemnized on 08.08.2009 as
per the rite and customs of their religion. The relationship between the husband
and the wife was considered fine in the initial years of the marriage.
After 10.5 years of marriage, the wife lodged FIR against the
petitioners, alleging therein that both the petitioners immediately after the
marriage started creating misunderstandings between her and her husband.
The wife also alleged that the petitioners besides picking up quarrel
with her on small issues also instigated her husband for taking divorce from the
wife.
Case brief - 498A quash judgement 01.08.2022
The wife further alleged that whenever the husband was not at home, both
the petitioners used to beat her. The wife also alleged that on 3.11.2018, her
eight months pregnancy was aborted on account of constant mental harassment and
torture meted at the hands of the petitioners.
The wife also alleged that on 26.5.2017, the petitioners came to her home
and beat her. She further stated that since the grandfather of her husband has
gave his entire property to the wife and husband's name, both the petitioners
create problems everyday in the home.
The wife alleged that after six months of her marriage, the petitioner
pushed the wife as well as her husband out of the home and they were compelled
to reside separately.
Case brief - 498A quash judgement 01.08.2022
The wife alleged that on 4.12.2018, petitioners abused the wife in a
marriage function. She alleged that now she can’t take this anymore as there is
a constant threat to the wife and her husband's life from the petitioners.
She also alleged that on 18.11.2013, the mother-in-law made an attempt
to kill her husband. She stated that both the petitioners are of criminal
nature. At last, the wife prayed that case under Section 498A IPC as well as the Domestic Violence Act be registered against the petitioners.
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Arguments - 498A quash judgement 01.08.2022
Advocate appearing for respondents, while making this Court peruse FIR
sought to be quashed in the instant proceedings argued that same clearly discloses
offence punishable under Section 498A & 34 of IPC as such, and prayer has
been made by the petitioners for quashing the FIR deserves outright rejection.
The advocate further argued that FIR clearly reveals that from day one, petitioners not only hurled abuses at the wife, but they also indulged in character assassination.
The advocate further argued that the wife, as well as the husband, were beaten and as such, they have been rightly booked under Section 498A.
On the contrary, Advocate,
appearing on behalf of the petitioners while making this Court read the contents
of the FIR with provisions contained under Section 498A IPC contended that
since there is no allegation of cruelty if any, meted to the wife on account
of bringing less dowry or dowry demand, no case as such under Section 498A IPC
is made out against the petitioners and as such, FIR deserves to be quashed and
set aside.
Arguments - 498A quash judgement 01.08.2022
The advocate further argued
that otherwise also, there is a delay of more than 10 years in lodging the FIR,
which itself suggests that FIR sought to be quashed has been purposely lodged
with a view to harass the petitioners with whom, the wife has an estranged
relationship on account of property dispute.
The advocate representing the
petitioners further argued that since criminal complaints came to be lodged
against the wife and her husband on account of mistreatment meted to the
petitioners, the wife in anger has made false allegations in the FIR which are sought
to be quashed in the proceedings.
Arguments - 498A quash judgement 01.08.2022
He further argued that the entire
dispute as of today inter-se petitioners and complainant is on account of
property left behind by the grandfather, but with a view to bringing her mother-in-law
under pressure, the complainant in connivance with her husband concocted a false
story of her being maltreated and harassed by the petitioners and lodged the
FIR sought to be quashed.
Lastly, he argued that the
sister-in-law is married since the year, 2012, and since then, she is living happily
in a place far from the matrimonial home, but yet the wife to gain the sympathy of
this court has raised false allegations against the sister-in-law as well as
her mother-in-law, who is a widow.
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Referred cases - 498A quash judgement 01.08.2022
1. Haryana and
others v. Bhajan Lal
2. State of
Karnataka v. L. Muniswamy
3. Vineet Kumar and
Ors. v. State of Uttar Pradesh
4. Prashant Bharti
v. State (NCT of Delhi)
5. Rajiv Thapar and
Ors v. Madan Lal Kapoor
6. Asmathunnisa v.
State of A.P.
7. R.P. Kapur v.
State of Punjab
8. Smt. Nagawwa v.
Veeranna Shivalingappa Konjalgi
9. State of
Karnataka v. L. Muniswamy
10. Shakson
Belthissor v. State of Kerala
11. Wasim v. State
(NCT of Delhi)
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Court opinion - 498A quash judgement 01.08.2022
In view of the detailed discussion made above and the law is taken into
consideration, there is reasonable ground for this Court to exercise its
inherent jurisdiction under Section 482 Cr. P.C, for quashing FIR and the
criminal proceedings against the petitioners, to prevent abuse of the process
of law and to prevent unnecessary harassment to the petitioners against whom
there is no evidence to charge them with the commission of offences as stated
in the FIR.
Otherwise, continuing the criminal proceedings against the petitioners
in the present case would be a sheer waste of time for the Court and the same
would subject the petitioners to unnecessary problems of the trial, which is bound to culminate in
acquittal.
Consequently, considering the
above discussion as well as the law laid down by the Apex Court, the petition in hand is
allowed and FIR, dated 08.08.2019, registered under Section 498A read with
Section 34 of IPC, as well as consequent proceedings, if any, pending in the court
of law are quashed and set aside.
Petitioners are acquitted of
the charges made against them in the FIR. Therefore, the present petition is
disposed of.
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Conclusion - 498A quash judgement 01.08.2022
In this article, the Himachal Pradesh High Court has held that the false implicated allegations made against the mother-in-law and the sister-in-law are general in nature.
Considering the judgements referred to above, it is clear that
the order passed by the Court is absolute.
Accordingly, the present petition is allowed. The FIR registered under Section 498A IPC, is quashed.
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