498A Quash after Chargesheet 27.09.2022- Andhra Pradesh High Court-No Specific Allegation made against Brother-in-law. F.I.R Quashed.
 |
| 498A Quash after Chargesheet 27.09.2022 |
498A Quash after Chargesheet 27.09.2022- In this article, Andhra Pradesh High Court held that the wife exaggerated the allegations as against the brother-in-law and no specific role is played by him. No specific instances have been mentioned in the report by the wife, and no specific allegations have been made against the brother-in-law. Therefore, Criminal Proceedings against the brother-in-law are hereby quashed.
_________________________________________________
_________________________________________________
Case Brief- 498A Quash after Chargesheet 27.09.2022
According to the facts mentioned in the report, filed by the wife, the marriage between the wife and her husband was solemnized on 05.08.2016 in presence of elders. And her parents gave cash, gold, and silver articles as dowry to her husband at the time of marriage.
It is stated that after the marriage, the wife joined her husband, and it is alleged that her parents-in-law and brother-in-law started instigating her husband by telling taunts against her and harassing her both physically and mentally demanding additional dowry.
Unable to bear the harassment, she did a job in a company and used to give her salary to her husband.
It is also stated that her brother-in-law suspected her fidelity at her workplace and instigated her husband to harass her for want of additional dowry.
Case Brief- 498A Quash after Chargesheet 27.09.2022
The wife further stated that her brother-in-law also threatened her to perform second marriage to her husband if she failed to bring additional dowry.
She also stated that on 14.04.2018, her parents-in-law, brother-in-law, and her husband harassed her indiscriminately, threatened her, and necked her out of the house with a demand for additional dowry. So she started to stay with her mother at her maternal house in Tirupati.
Due to these reasons, mediation has been held with them several times at her matrimonial house in Hyderabad and her maternal house in Tirupati, but her husband and In-laws did not change their attitude and not allowed her to enter their house.
Case Brief- 498A Quash after Chargesheet 27.09.2022
The wife also stated that when her husband expired due to the effect of Covid-19 on 30.05.2021, her parents-in-law and brother-in-law did not inform her about the death of her husband and not allowed her to attend the death ceremony of her husband in demand of an additional dowry.
Upon this wife lodged a report and the case was registered by Women Police Station, Tirupati for the offense punishable under Section 498A IPC and Sections 3 and 4 of The Dowry Protection Act against the brother-in-law, and after investigation chargesheet was filed against him.
_________________________________________________
Arguments- 498A Quash after Chargesheet 27.09.2022
The Advocate appearing for the brother-in-law submitted that the wife is an employee in a private company, at Medchal, and she is working there since 2008, and along with her job, she was pursuing her Ph.D. in Nano Technology at a university, and she got admitted just before one month of her marriage.
He further submitted that the wife did not lead conjugal life with her husband on the pretext that until she completes her Ph.D. and sets up a separate residence located near Medchal, she would not lead conjugal life with him.
He also submitted that she resided in the U.S. since 2007 and after six months of the marriage, she overstayed in the night at her friend’s house to participate in jigs arranged by her friends and totally ignored her husband and her parents-in-law.
Arguments- 498A Quash after Chargesheet 27.09.2022
Further, he stated that on 04.05.2021 she came to her matrimonial home violating all Covid protocols and stated that she has no more interest in a reunion with her husband.
Thereafter, within 3 days, both her husband and her father-in-law went into the ventilator stage and during that relevant point of time, her brother-in-law arrived at Hyderabad only with the purpose to serve his brother and parents who were suffering from Covid.
It was stated that material placed before the court would go to show that the brother-in-law got a visa to the US in the year 2016, and he arrived in India for a short period, and when the husband of the wife died, he discharged his responsibility by contacting the wife over her phone and informed her about the death of her husband.
Arguments- 498A Quash after Chargesheet 27.09.2022
Therefore, he prayed for the quashing of criminal proceedings and F.I.R filed by the wife against her brother-in-law.
On the other hand, the advocate appearing on behalf of the wife contended that there are specific accusations against her brother-in-law, and the truth or otherwise of the said accusation has to be decided during the course of the trial.
Therefore, he prayed that the brother-in-law should face the trial and there is no question of quashing the F.I.R against him.
_________________________________________________
__________________________________________
Referred Judgements- 498A Quash after Chargesheet 27.09.2022
Referred Judgements- 498A Quash after Chargesheet 27.09.2022
- State of Haryana Vs. Ch. Bhajan Lal & Ors
- Mirza Iqbal @ Golu and another Vs. State of Uttar Pradesh and another
Court’s Opinion- 498A Quash after Chargesheet 27.09.2022
It was stated that on a perusal of the statements of witnesses under Section 161 Cr. P.C and the recitals in the chargesheet, it is clear that the brother-in-law is a resident of the US, and he arrived in India only thrice from the date of marriage of the wife with his brother.
Further, it was stated that it is highly improbable to come to the conclusion that the brother-in-law was involved in the day-to-day affairs of the wife and her husband and would have taken part in instigating the husband of the wife to harass her.
It was also stated that there is absolutely no specific role played by the brother-in-law herein, and all the allegations that are made are either vague or general in nature.
Court’s Opinion- 498A Quash after Chargesheet 27.09.2022
In view of the above discussion, it was held that the wife exaggerated the allegations as against the brother-in-law, no specific instances have been mentioned in the report and no specific allegations have been made against him
Therefore, F.I.R registered by police for the offense under Section 498A IPC and Sections 3 and 4 of the Dowry Protection Act, and criminal proceedings against the brother-in-law are here quashed.
_________________________________________________
_________________________________________________
Conclusion- 498A Quash after Chargesheet 27.09.2022
In this article, Andhra Pradesh High Court held that Omnibus allegations have been leveled against the brother-in-law and there is absolutely no specific role played by him.
No specific instances have been mentioned in the report by the wife, and it can be seen that the wife exaggerated allegations against the brother-in-law.
It was also held that all the allegations made against the brother-in-law are either vague or general in nature, no specific instances have been mentioned in the report by the wife and no specific allegations have been made against the brother-in-law.
Therefore, F.I.R against the petitioner is hereby quashed.
Blogger Comment
Facebook Comment