498A Quash after Chargesheet 10.11.2022- Calcutta High Court - No Specific Allegations against the Father-in-law. F.I.R Quashed.

498A Quash after Chargesheet 10.11.2022- Calcutta High Court - No Specific Allegations against the Father-in-law. F.I.R Quashed. 

498A Quash after Chargesheet 10.11.2022
498A Quash after Chargesheet 10.11.2022



498A Quash after Chargesheet 10.11.2022- In this article, Calcutta High Court held that neither in the FIR nor in the statements recorded under Section 161, any specific allegation has been attributed against the father-in-law. On perusal of the case diary, the two statements recorded during the investigation do not disclose any offense against the father-in-law and the object veiled behind implicating the father-in-law with the alleged offense is apparently to harass the father-in-law. Therefore, the Criminal Proceedings against the father-in-law are hereby quashed.


_________________________________________________

_______________________________________________________________________


Case Brief- 498A Quash after Chargesheet 10.11.2022


According to the facts mentioned in the F.I.R. filed by the wife, the marriage between the wife and her husband was solemnized on 20.04.2006, it was the second marriage for both the wife and the husband and they both had children from their respective earlier marriages.


It is stated that after a few years of the marriage, the husband and In-laws became very aggressive towards the wife and used to treat her daughter like a guest.


It is also stated that the mother-in-law of the wife repeatedly threatened the wife to take care of her step-son and the mother-in-law also wrote a letter that the wife should not be planning for having another child and if the wife said anything to her husband as he would always take the side of her mother stating that her mother is correct.


Case Brief- 498A Quash after Chargesheet 10.11.2022


It is further stated that whenever the husband came to the home, he used to torture the wife mentally with abusive language and the mother-in-law forced the wife to divorce her son otherwise threatened to ruin her daughter’s life.


It is also stated that the In-laws have intentionally tortured the wife and her daughter mentally by never calling, caring, or paying heed to her.


Upon this, the wife filed the F.I.R dated 05.10.2021 at the Police Station under Sections 498A/506 of the IPC against her father-in-law and five other In-laws. And upon completion of the investigation, the investigation authority filed a chargesheet against them.


_________________________________________________


Read the latest Article- 498A Quash Judgement 01.11.2022- Andhra Pradesh High Court - General and Omnibus Allegations against the Brother-in-law. F.I.R Quashed.


_________________________________________________


Arguments- 498A Quash after Chargesheet 10.11.2022


The advocate appearing on behalf of the father-in-law submitted that the father-in-law is absolutely innocent and in no way connected with the alleged offense and no allegation whatsoever has been leveled against him in the F.I.R.


It is also submitted that there is no mention anywhere in the materials collected by the investigating agency, in the course of the purported investigation, about any physical assault or mental torture having been perpetrated upon the wife by the father-in-law which required medical intervention.


In fact, no medical professional has been named as a witness in the chargesheet, which shows that she was never subjected to any physical assault.


Arguments- 498A Quash after Chargesheet 10.11.2022


It is further submitted that except for casual references about the father-in-law and other family members, there is absolutely no allegation of the father-in-law’s active involvement in inflicting alleged torture upon the wife.


It justifies therein, taking cognizance of the offenses against the father-in-law and by completely overlooking the fact that there is always a tendency on the part of the wife to involve all the family members of the household in the offense over a domestic quarrel taking place between the husband and the wife, for the mere reason that such family members are related to the husband of the wife.


The advocate also submitted that the Magistrate has taken cognizance in the respect of the offense against the father-in-law. And the F.I.R. is sadly vague with regard to the role apparently played by the father-in-law in the commission of the offense.


Arguments- 498A Quash after Chargesheet 10.11.2022


There is no mention anywhere as to what specific offense has been committed by the father-in-law or when it was committed, or what the exact role was played by the father-in-law in respect of the commission of the alleged offense.


Furthermore, the advocate submitted that in order to lodge a proper complaint, the mere mention of the sections and the language of those sections are not all and what is required to be brought to the notice of the court is the particulars of the offense committed by each and every accused and the role played by each and every accused in committing of that offense.


It was also submitted that even if the allegation leveled by the wife is taken to be gospel truth, it does not attract either under Section 498A or 506 of the IPC in respect of the father-in-law.

The chargesheet submitted against the father-in-law is a stereotype in nature and submitted casually without any reason and as such, a continuation of the impugned proceeding against the father-in-law would be a gross abuse of the process of the court.


Arguments- 498A Quash after Chargesheet 10.11.2022


Therefore, he prayed for the quashing of the criminal proceedings against the father-in-law.


On the other hand, the advocate appearing on behalf of the State produced the case diary and leave the matter to the discretion of the court, stating that the statement of only two witnesses was recorded during the investigation under Section 161 of the code as appearing from the case diary.


Therefore, it was prayed that there is no sufficient reason to quash the proceedings against the father-in-law of the wife.


_________________________________________________


Referred Judgements- 498A Quash after Chargesheet 10.11.2022 

Court’s Opinion- 498A Quash after Chargesheet 10.11.2022


It was stated that on perusal of the case diary, it appears that during the investigation police recorded the statement of two witnesses under Section 161 of Cr. P. C and said two statements do not disclose any offense against the father-in-law.


It was also stated that neither in the FIR nor in the statements recorded under Section 161, any specific allegation has been attributed against the father-in-law.


It was further stated that the court do not find any other incriminating material in the case dairy in respect of the father-in-law and the object veiled behind implicating the father-in-law with the alleged offense, apparently to harass the father-in-law.


Court’s Opinion- 498A Quash after Chargesheet 10.11.2022


In view of the above discussion, the court held that the proceeding against the father-in-law will be an abuse of the process of court as materials available before the court does not disclose any offense against the father-in-law.


Therefore, the revisional application is allowed and all further proceedings in the case arising out of F.I.R date 05.10.2021 at the police station under Sections 498A/506 of the IPC against the father-in-law are hereby quashed.


_________________________________________________

Conclusion- 498A Quash after Chargesheet 10.11.2022


In this article, Calcutta High Court held that on perusal of the case diary, the two statements recorded during the investigation do not disclose any offense against the father-in-law, and neither in the FIR nor in the statements recorded under Section 161, any specific allegation been attributed against the father-in-law.


It was also held that the object veiled behind implicating the father-in-law with the alleged offense is apparently to harass the father-in-law and the proceeding against the father-in-law will be an abuse of the process of court, as materials available before the court does not disclose any offense against the father-in-law.


Therefore, the F.I.R. against the petitioner is hereby quashed.



Join Facebook Group - Apaizers Mens Rights
WhatsApp




    Blogger Comment
    Facebook Comment

0 comments:

Post a Comment