498A Quash after Chargesheet 22.09.2022- Chhattisgarh High Court- Vague allegations against Mother-in-law, Sister and Brother-in-law. F.I.R Quashed.

 498A Quash after Chargesheet 22.09.2022- Chhattisgarh High Court- Vague allegations against Mother-in-law, Sister and Brother-in-law. F.I.R Quashed.

498A Quash after Chargesheet 22.09.2022
498A Quash after Chargesheet 22.09.2022




498A Quash after Chargesheet 22.09.2022- In this article, Chhattisgarh High Court held that the wife has made general and omnibus-type statements against her mother-in-law, sister, and brother-in-law in her written complaint. Allegations leveled against mother-in-law, sister and brother-in-law are totally general and vague and no specific role of In-laws has been stated in the F.I.R. Therefore, criminal proceedings against In-laws are hereby quashed. 



Case Brief- 498A Quash after Chargesheet 22.09.2022


According to the facts mentioned in the complaint filed by the wife, the marriage between wife and husband was solemnized on 30.04.2015.


It is stated in the complaint that after a few days of her marriage, her husband, mother-in-law, sister, and brother-in-law started harassing her physically and mentally in connection with the demand of gold and cash from her parents.


It is also stated that her husband and In-laws also taunted her about the quality of articles brought by her from her parental home and doubted upon her character.


Case Brief- 498A Quash after Chargesheet 22.09.2022


It is further stated that the wife’s mother-in-law ousted her and her husband from her matrimonial home, then they started residing in a rented house at Nehru Nagar, Bhilai, District Durg.


During that time mother of the wife had given a huge amount to her husband from which various household articles were purchased and there also her husband subjected her to cruelty by abusing and assaulting her.


It is also stated that on 21.12.2017 when the wife was working at her workplace, then also her husband went there and snatched her purse, broke her pen drive, and abused her.


Case Brief- 498A Quash after Chargesheet 22.09.2022


After that wife made a complaint against her husband for the offense under section 323 of IPC and therefore police gave her intimation under section 155 of Cr. P. C.


On the next day wife made a written complaint to the Superintendent of Police at the Police Station, Durg for the offense under sections 498A, 34, and 323 of IPC and Section 4 of the Dowry Prohibition Act, 1961 against her husband, mother-in-law, sister and brother-in-law and based on the complaint, F.I.R was registered against them.


After the usual investigation, a chargesheet was filed by the police.

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Arguments- 498A Quash after Chargesheet 22.09.2022


The Advocate appearing on behalf of the mother-in-law, sister and brother-in-law and Husband-in-person submitted that from the perusal of the written complaint and whole contents of the chargesheet, the necessary ingredients of framing a charge under Section 4 of the Dowry Prohibition Act, 1961 and Sections 498A, 34 and 323 of IPC are missing as it has not been mentioned in aforesaid documents that any demand of dowry was made by husband and In-laws at or before the marriage as marriage consideration.


It was also submitted that the wife and her mother have stated in their police statements that at the time of marriage, her mother has given various gifts to her In-laws, and they have also stated that when the wife and her husband shifted to a rented house at that time, mother of wife has given various household articles.


But the wife and her mother have not stated that any demand for alleged articles had been made by the husband and In-laws.


Arguments- 498A Quash after Chargesheet 22.09.2022


It is further submitted that husband and In-laws have never demanded any articles or gold or any amount from wife or her parents and apart from that, mere demand of dowry is not sufficient to bring home the aforesaid offenses.


It is next submitted that as per the complaint and statements of witnesses, after the wife and her husband started residing separately from other family members in a rented house, despite that mother-in-law, sister and brother-in-law have been falsely implicated in this case.


It is further submitted that the F.I.R lodged by the wife is beyond the limitation period and earlier she made a complaint against her husband only for an offense under Section 323 of IPC and police gave her intimation under Section 155 Cr.P. C.


Arguments- 498A Quash after Chargesheet 22.09.2022


Then she made a written complaint to the Superintendent of Police, durg exaggerating the entire incident with malafide intention just to harass her husband and In-laws.


It is also submitted that when the wife was residing at her parental home and her husband filed an application under Section 9 of the Hindu Marriage Act in Family Court, durg thereafter as a counterblast wife lodged the F.I.R just to score personal vengeance and to take revenge by implicating all family members of her husband.


The advocate further submitted that allegations leveled against the mother-in-law, sister, and brother-in-law are balled allegations by making omnibus statements and no specific events or roles played by them have been mentioned.


Arguments- 498A Quash after Chargesheet 22.09.2022


Therefore, he prayed that the order impugned passed by the courts may be set aside and considering the facts, the chargesheet filed by police against petitioners is liable to be quashed.


On the other hand, PL appearing on behalf of the state while supporting the chargesheet and impugned order submitted that all necessary ingredients are present against the husband and In-laws, due to which, the applications filed by them have been dismissed by the trial court, hence they are not entitled to get any relief as sought for by them.


The advocate appearing on behalf of the wife submitted that it is a settled proposition of law that for framing charges, the truthfulness of the facts mentioned in the chargesheet is not to be considered, only it is to be seen whether a prima facie case is made out or not.


Arguments- 498A Quash after Chargesheet 22.09.2022


It was further submitted that by a long course of decisions rendered by the Apex Court, it is settled that for the purpose of exercising power under Section 482 of Cr. P. C to quash an FIR or complaint, the high court would have to proceed entirely on the basis of allegations made in the complaint and documents accompanying the same per se.


The high court has no jurisdiction to examine the correctness or otherwise of allegations as while exercising power under section 482 of Cr. P. C. and it cannot conduct mini-trials. 


It was also stated that the high court does not function as a court of appeal or revision.

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Referred Judgements- 498A Quash after Chargesheet 22.09.2022


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Court’s Opinion- 498A Quash after Chargesheet 22.09.2022


It was stated that false implication by way of general omnibus allegations made in course of matrimonial dispute, if left unchecked would result in misuse of the process of law and this court by way of its judgements has warned the courts from proceeding against the relatives and In-laws of the husband when no prima facie case is made against them.


It was further stated, upon consideration of relevant circumstances and in absence of any specific role attributed to the accused husband and In-laws, it would be unjust if they are forced to go through the tribulations of trial.

 

In this case, from the facts, it is apparent that in a written complaint made by the wife and her police statement, she has made a general and omnibus-type statement that after a few days of marriage, her husband and In-laws started harassing her physically and mentally to bring gold and cash and alleged that they taunted and doubted her character.


Court’s Opinion- 498A Quash after Chargesheet 22.09.2022


It was stated that allegations leveled against the mother-in-law, sister, and brother-in-law are totally general and vague and no specific role of them have been stated in the FIR and statements of witnesses enclosed with the chargesheet in respect of alleged harassment meted out against the wife to alleged meet unlawful demand for property or valuable security from her or her parents.


In view of the above discussion, it was held that upon consideration of the entire facts and material of the instant case, FIR registered at the police station, durg for the offense under sections 498A, 34, and 323 of IPC and Section 4 of Dowry Prohibition Act, 1961 for as well as Chargesheet arising out of the FIR and subsequent criminal proceedings against mother-in-law, sister and brother-in-law are quashed.


However, prayer made by the husband in this regard is declined.

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Conclusion- 498A Quash after Chargesheet 22.09.2022


In this article, Chhattisgarh High Court held that it is clear that the wife made general and omnibus-type statements against her husband and mother-in-law, sister, and brother-in-law in her written complaint.


On careful consideration of the entire facts and material of the case, it was observed that allegations against the mother-in-law, sister, and brother-in-law are totally general and vague.


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




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