498A Quash after Chargesheet 26.09.2022- Andhra Pradesh High Court-Vague and bald allegations against four In-laws. F.I.R Quashed.
498A Quash after Chargesheet 26.09.2022- In this article, Andhra Pradesh High Court held that vague and bald allegations have been made against four In-laws that they instigated the husband to demand additional dowry from the wife and there is absolutely no material to connect them with the crime. Allegations in the report are vague, sweeping, and general, that the In-laws supported the husband to subject the wife to cruelty, and no specific action has been attributed to any of the In-laws. Therefore, criminal proceedings against In-laws are hereby quashed.
Case Brief- 498A Quash after Chargesheet 26.09.2022
According to the facts mentioned in the report lodged by the wife, the marriage between the wife and her husband was solemnized about four years prior to the lodging of the report.
It is stated that the marriage was performed in presence of elders of both sides and the couple was blessed with two daughters.
It is also stated that at the time of marriage, the husband was working as Software Executive in Hyderabad, but later he withdrew from his job and started staying at the house without doing any job.
Case Brief- 498A Quash after Chargesheet 26.09.2022
It is further stated by the wife that her husband neglected her and her children and started harassing her both mentally and physically.
The wife bore with the said harassment without informing to anybody, keeping the future of her children in mind.
It is also stated that her husband used to pick up quarrels with her at the instigation of her In-laws.
The wife further stated that one day, she saw her husband in the room of one of her In-laws, and when she questioned about the same In-laws came there and picked up quarrels with her by showing their high-handed behavior.
Case Brief- 498A Quash after Chargesheet 26.09.2022
After that, when the wife was unable to bear the harassment, she went to the house of her parents in Macherla. But later her husband came there with elders and admitted his fault and brought her back to her matrimonial home.
It is further stated that he did not change his attitude thereafter also and continued his harassment with the instigation of In-laws by demanding her to bring additional dowry and necked her out of the house saying that unless she fulfills their demands, they would not allow her into the house.
Upon this wife lodged a report at the police station for the offense punishable under Section 498A and Section 3 and 4 of the Dowry Prohibition Act, 1961 against her In-laws and based on the report, police registered a case and filed a chargesheet after completion of investigation against them.
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Arguments- 498A Quash after Chargesheet 26.09.2022
The Advocate appearing on behalf of the In-laws of the wife submitted that the In-laws are relatives of her husband, and they are residents of different places.
He also submitted that a perusal of the allegations in the FIR, Section 161 Cr. P. C statements and the chargesheet, would go to show that an omnibus accusation has been made against the In-laws.
He further submitted that there are no specific accusations made as against the In-laws with regard to the alleged cruelty, and all the allegations are attributed against the husband.
Therefore, he prayed to quash the impugned proceedings as against the In-laws.
Arguments- 498A Quash after Chargesheet 26.09.2022
On the other hand, an Additional Public Prosecutor appearing on behalf of the state submitted that there are specific accusations as against the In-laws, though omnibus in nature, that they harassed the wife.
It was also submitted that these are all questions of fact that have to be decided during the course of the trial.
Therefore, he prayed that there is no question of quashing the F.I.R and criminal proceedings against the petitioners.
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Referred Judgements- 498A Quash after Chargesheet 26.09.2022
- State of Haryana Vs. Ch. Bhajan Lal and ors
- K. Subba Rao & others Vs. State of Telangana
- Kans Raj Vs. State of Punjab
- Kailash Chandra Agrawal Vs. State of U.P
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Court’s Opinion- 498A Quash after Chargesheet 26.09.2022
It was stated that false implication by way of general omnibus allegations made in course of matrimonial dispute if left these allegations are left unchecked, it would result in misuse of the process of law. Therefore, 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 out against them.
It was also stated that most of the complaints under Section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations.
The provisions of section 498A are used as weapons rather than shields by disgruntled wives, and the simplest way to harass is to arrest the husband and his relatives under the guise of this provision.
Court’s Opinion- 498A Quash after Chargesheet 26.09.2022
In this case, a perusal of recitals in the chargesheet shows that an omnibus accusation has been made as against In-laws that they instigated the husband to demand additional dowry from the wife.
It was further stated that there is absolutely no mention as to, on which date the said demand was made and when she was subjected to harassment.
It was also stated that except for a vague and bald allegation that In-laws instigated the husband to demand additional dowry, there is absolutely no material to connect them with the crime.
Court’s Opinion- 498A Quash after Chargesheet 26.09.2022
This court stated that where the allegations in the report are vague, sweeping, and general, except the bald allegation that the In-laws supported the husband to subject the wife to cruelty, there is absolutely nothing mentioned as against them and no specific act has been attributed to any of the In-laws.
In view of the above discussion, it was held that 161 Cr. P. C statements, F.I.R filed at the police station for the offense punishable under Section 498A and Section 3 and 4 of the Dowry Prohibition Act, 1961, and the Chargesheet, shows that vague and bald accusations have been made as against the In-laws.
Therefore, F.I.R and Criminal proceedings against the Four In-laws are quashed.
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Conclusion- 498A Quash after Chargesheet 26.09.2022
In this article, Andhra Pradesh High Court held that it is clear that omnibus accusations have been made against the four In-laws that they instigated the husband to demand additional dowry from the wife.
It was also held that the allegations in the report are vague, sweeping, and general, that the In-laws supported the husband to subject the wife to cruelty, there is absolutely nothing mentioned against them and no specific act has been attributed to any of the In-laws.
Therefore, F.I.R against petitioners is hereby quashed.
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