498A Quash after Chargesheet 03.11.2022- Calcutta High Court - Vague allegations against Husband’s of married Sisters-in-law. F.I.R Quashed.
498A Quash after Chargesheet 03.11.2022- In this article, Calcutta High Court held that on perusal of the written complaint, it is ascertained that the allegations against the husbands of two sisters-in-law and daughter of the first sister-in-law are not only vague and omnibus but also bereaved of in details. There is absolutely no statement made by the wife regarding the date when the husbands of two sisters-in-law and the daughter of the first sister-in-law came to her matrimonial home to torture her on illegal demand of dowry, and they were implicated in this case only because they are matrimonial relatives of the wife. Therefore, criminal proceedings against In-laws are hereby quashed.
Case Brief- 498A Quash after Chargesheet 03.11.2022
According to the facts mentioned in the complaint filed by the wife, at the time of the marriage, the parents of the wife are said to have paid a huge amount of cash as dowry and after the marriage, the wife started to live with her husband and In-laws at her matrimonial home.
It is stated that the husband, mother-in-law, sister-in-law, and other In-laws of the wife used to perpetrate torture upon the wife on demand of further dowry demand.
It is also stated that the husband and In-laws of the wife were involved in perpetrating physical and mental torture upon the wife.
Case Brief- 498A Quash after Chargesheet 03.11.2022
It is further stated that the wife was forced to leave her matrimonial home and a suit under Section 9 of the Hindu Marriage Act filed by the husband of the wife was dismissed.
Later, the wife filed the complaint dated 25.02.202 at the police station against the husbands of two sisters-in-law and daughter of the first sister-in-law and others on basis of which case was registered for the offenses under Sections 498A/506/34 of IPC.
After investigation, a chargesheet was filed and submitted by the police against the husbands of two sisters-in-law and the daughter of the first sister-in-law and others.
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Arguments- 498A Quash after Chargesheet 03.11.2022
The Advocate appearing on behalf of the husbands of two sisters-in-law and daughter of the first sister-in-law submitted that the written complaint was lodged on 25.02.2020 by the wife when she left her matrimonial home voluntarily sometime in September 2018. And the said complaint filed by the wife is an outcome of afterthought only to harass the husbands of two sisters-in-law and the daughter of the first sister-in-law.
It is also submitted that after the wife left her matrimonial home, her husband filed a suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, and only after getting a summons of the said suit the wife filed the complaint in local police station making false allegations against the husbands of two sisters-in-law and daughter of the first sister-in-law.
It is further submitted that the police registered a specific case against the husband of two sisters-in-law and the daughter of the first sister-in-law, but even their names were not taken in the body of the written complaint and no overt act was attributed to them. They were made accused as per the chargesheet on the basis of some general and omnibus allegations.
Arguments- 498A Quash after Chargesheet 03.11.2022
The advocate also stated that the Investigating Officer did not take any steps to ascertain the role of the husbands of two sisters-in-law and the daughter of the first sister-in-law in allegedly committing the offense, as per the chargesheet.
Furthermore, it is stated that from the written complaint itself it is found that the husbands of two sisters-in-law and daughter of the first sister-in-law are residents of some distant place away from the matrimonial home of the wife, and there cannot be any occasion for them to treat the wife with cruelty, either physically or mentally.
Therefore, it was prayed for quashing of the chargesheet against the husbands of two sisters-in-law and the daughter of the first sister-in-law of the wife.
Arguments- 498A Quash after Chargesheet 03.11.2022
On the other hand, the advocate appearing on behalf of the wife submitted that the suit under Section 9 of the Hindu Marriage Act filed by the husband of the wife was dismissed on the contest, meaning thereby the husband of the wife did not want restitution of conjugal rights with her. And this goes to suggest that a married lady was tortured and harassed by her husband.
It is also submitted that in the written complaint, the wife stated that the husband, mother-in-law, sister-in-law and others used to perpetrate torture upon the wife on demand of further dowry demand and the wife stated the names of the husbands of two sisters-in-law and daughter of the first sister-in-law in the petition of complaint.
It is further submitted that the FIR is not an encyclopedia, the specific role of the husbands of two sisters-in-law and the daughter of the first sister-in-law in the offense can be ascertained during the trial if the wife and the witnesses on behalf of the petitioners fail to lead proper evidence against them in support of the charge. Then they will be entitled to an order of acquittal, but at this stage, the chargesheet cannot be quashed against them.
Arguments- 498A Quash after Chargesheet 03.11.2022
The Public Prosecutor-in-Charge appearing on behalf of the State submitted that whether the husbands of two sisters-in-law and daughter of the first sister-in-law were involved in perpetrating physical and mental torture upon the wife is a question of fact which cannot be decided at this stage by the court.
Therefore, it was prayed that the chargesheet against the husbands of two sisters-in-law and the daughter of the first sister-in-law cannot be quashed at this stage.
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Referred Judgements- 498A Quash after Chargesheet 03.11.2022
- Mahua Dasnee Mondal Vs. State of West Bengal & Another
- Shri Sudhir Chandra Mondal & Another Vs. State of West Bengal & Another
- Rajib Thapar & Others Vs. Madan Lal Kapoor
Court’s Opinion- 498A Quash after Chargesheet 03.11.2022
It is stated that in the present case on perusal of the written complaint, it is ascertained that the allegations against the husbands of two sisters-in-law and daughter of the first sister-in-law are not only vague and omnibus but also bereaved of details.
It is also stated that the petition of the complaint states that the husbands of two sisters-in-law and daughter of the first sister-in-law along with others used to put pressure upon the wife for further dowry demands.
The court perused the statement of witnesses recorded under Section 161 of Cr. P. C in the present case and since the chargesheet has been filed and the statements of the witnesses are parts of the documents under Section 173(5)(b) of Cr. P. C, the court has no hesitation to divulge the contents of the same.
Court’s Opinion- 498A Quash after Chargesheet 03.11.2022
It is further stated that the witnesses stated before the Investigation Officer that the husband of the wife, her mother, sister-in-law, and others used to physically assault her and put pressure upon her to bring money from her paternal home and even the witnesses did not show the amount of money which the petitioners demanded.
It is also stated that the matrimonial home of the wife is at village Dhohalia and on the contrary, the husband and daughter of the first sister-in-law is the resident of Berhampore, and the husband of another sister-in-law is the resident of Mahurakandi.
Furthermore, it is stated that there is absolutely no statement made by the wife regarding the date when the husbands of two sisters-in-law and the daughter of the first sister-in-law came to her matrimonial home to torture her on illegal demand of dowry.
Court’s Opinion- 498A Quash after Chargesheet 03.11.2022
In view of the above discussion, the court held that the husbands of two sisters-in-law and the daughter of the first sister-in-law were implicated in this case only because they are matrimonial relatives of the wife.
Therefore, the criminal application is allowed, and the FIR filed by the wife dated 25.02.202 at the police station for the offenses under Sections 498A/506/34 of IPC, chargesheet, and all subsequent proceedings against the husbands of two sisters-in-law and daughter of the first sister-in-law are hereby quashed.
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Conclusion- 498A Quash after Chargesheet 03.11.2022
In this article, Calcutta High Court held that there is absolutely no statement made by the wife regarding the date when the husbands of two sisters-in-law and the daughter of the first sister-in-law came to her matrimonial home to torture her on illegal demand of dowry, and they were implicated only because they are matrimonial relatives of the wife.
It was also held that on perusal of the written complaint, it is ascertained that the allegations against the husbands of two sisters-in-law and daughter of the first sister-in-law are not only vague and omnibus but also bereaved of details.
Therefore, F.I.R against the petitioner is hereby quashed.
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