498A Quash after Chargesheet 11.11.2022- Calcutta High Court- Unwarranted Proceedings against the Parents-in-law. F.I.R Quashed.
498A Quash after Chargesheet 11.11.2022- In this article, Calcutta High Court held that the allegations made in the letter of complaint and the implication of the parents-in-law in the statements under Section 161 of Cr. P. C. does not satisfy the requirements for facing the trial in respect of the chargesheet filed against them, and thus the further continuance of the proceedings against the parents-in-law is unwarranted. The wife was frustrated with her relationship with her husband, and she was staying alone and had to face a challenging situation during the covid period, when she did not get any mental support from the members of her matrimonial home, including her parents, then she filed the complaint against the parents-in-law. Therefore, criminal proceedings against the Parents-in-law are hereby quashed.
Case Brief- 498A Quash after Chargesheet 11.11.2022
According to the facts mentioned in the F.I.R. filed by the wife, after the marriage, the wife started to cohabit with her husband and parents-in-law at her matrimonial home.
It is stated that the wife was ill-treated and was subjected to cruelty by her husband and parents-in-law after her marriage.
It is also stated that the husband and parents-in-law took the gold ornaments of the wife and caused mental trauma and cruelty to her.
Upon this, the wife filed the complaint at the police station and the case was registered dated 12.08.2020 for the offenses punishable under Sections 498A/ 406/ 34 of IPC against her Parents-in-law and the husband. After the Investigation, a chargesheet was filed and submitted by the police against the Parents-in-law and the husband of the wife.
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Arguments- 498A Quash after Chargesheet 11.11.2022
The advocate appearing on behalf of the Parents-in-law submitted that the allegations made in the F.I.R. if taken on its face value prima facie it fails to make out a case and in spite of the same, the parents-in-law were asked to face the rigors of complete investigation.
It is also submitted that the parents-in-law were not residing with the couple and were residing in a separate district of Asansol while the couple was residing in an adjacent area of Kolkata, that is, Behala.
Therefore, it was prayed for quashing of the criminal proceedings against the parents-in-law.
Arguments- 498A Quash after Chargesheet 11.11.2022
On the other hand, the advocate appearing on behalf of the wife opposed the contention advanced by the parents-in-law and in order to support such contention draws the attention of the court to the allegations made in the letter of complaint in respect of the father-in-law and mother-in-law.
It was also submitted that the allegations made therein are sufficient to cause mental trauma and cruelty, which would bring the case within the ambit of Section 498A of the IPC.
It was further submitted that the gold ornaments were never recovered, although some articles were recovered in course of the investigation by the police authority, and it is his instruction that the said gold ornaments were lying at Asansol, where the parents-in-law reside.
Arguments- 498A Quash after Chargesheet 11.11.2022
The advocate appearing on behalf of the State draws the attention of the court to the statements of the witnesses, and it is submitted that the Chargesheet has been already been submitted and there are allegations against the parents-in-law which do attract the offenses complained of under Section 498A of the Indian Penal Code.
Therefore, it was prayed that there is no sufficient reason to quash the proceedings against the parents-in-law of the wife.
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Referred Judgements- 498A Quash after Chargesheet 11.11.2022
- Rupali Debi Vs. State of U.P.
Court’s Opinion- 498A Quash after Chargesheet 11.11.2022
It is stated that the court has taken into account the nature of the allegations and the court found that the main thrust of allegations is against the husband and the allegations against the parents-in-law only surfaced when the wife alleged regarding act and conduct of the husband.
It is also stated that the court concentrated on a particular part of the letter of complaint where it has been alleged that the father-in-law has stated that in case there is litigation there would be mud-slinging which would make the life of the wife miserable.
The court reiterates that such allegations also if accepted to be true in the background of the facts in which it has been scripted it does not express any positive aggression on the part of the parents-in-law, but were in reciprocation to the outburst of the wife.
Court’s Opinion- 498A Quash after Chargesheet 11.11.2022
It is further stated that in order to bring any relation of the husband to be an accused within the ambit of Section 498A of the IPC, some indication must be there that the dispute or difference cropped up because of dowry demand or any insult inflicted because of dowry reasons or quantum relating to the same.
Furthermore, it is stated that In the present case, the court found that the wife was frustrated with her relationship with the husband as according to her the husband was having a relationship with several ladies. The wife was staying alone and had to face a challenging situation during the covid period and when she did not get any mental support from the members of her matrimonial home, including her parents.
This led to the difference being aggravated and, according to the wife, any complaint made to the parents-in-law was reciprocated with an insult to leave the husband.
Court’s Opinion- 498A Quash after Chargesheet 11.11.2022
It is stated that needless to state that ‘Cruelty’ may have different forms of interpretation under civil and criminal law, what may amount to mental cruelty for the purposes of the marriage laws may not amount to mental cruelty for an individual to face the rigors of a criminal trial.
In the present case, the allegations made in the letter of complaint and the implication of the parents-in-law in the statements under Section 161 of Cr. P. C. Do not satisfy the requirements for facing the trial in respect of the chargesheet filed against them.
In view of the above discussion, the court held that the further continuance of the proceedings against the parents-in-law is unwarranted and thus, all further proceedings against the parents-in-law arising out of the police station dated 12.08.2020 under Sections 498A/406/34 of the IPC including the chargesheet and all consequential orders are hereby quashed.
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Conclusion- 498A Quash after Chargesheet 11.11.2022
In this article, the Calcutta High Court held that the wife was frustrated with her relationship with the husband as according to her, the husband was having relationships with several ladies and the wife was staying alone and had to face a challenging situation during the covid period and when she did not get any mental support from the members of her matrimonial home, including her parents. This led to the difference being aggravated and, according to the wife, any complaint made to the parents-in-law was reciprocated with an insult to leave the husband.
It was also held that the allegations made in the letter of complaint and the implication of the parents-in-law in the statements under Section 161 of Cr. P. C. does not satisfy the requirements for facing the trial in respect of the chargesheet filed against them.
Therefore, the F.I.R. against the petitioners is hereby quashed.
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