498A Quash Judgement 01.11.2022- Andhra Pradesh High Court - General and Omnibus Allegations against the Brother-in-law. F.I.R Quashed.
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| 498A Quash Judgement 01.11.2022 |
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498A Quash Judgement 01.11.2022- In this article, Andhra Pradesh High Court held that general and omnibus allegations are made by the wife against her brother-in-law. Even when the complaint is under investigation and there can be no improvement over the complaint, then the allegations can be considered general and omnibus, and it does not warrant prosecution. Therefore, F.I.R against the brother-in-law is hereby quashed.
Case Brief- 498A Quash Judgement 01.11.2022
According to the facts mentioned in the complaint filed by the wife, the marriage between the wife and her husband was solemnized about six years prior to the filing of the complaint and at the time of marriage, the parents of the wife are said to have paid huge amount of cash as dowry.
It is stated that the brother-in-law of the wife has demanded cash from the wife for her husband to do real estate business, due to which the jewelry of the wife is said to have been taken away.
It is also stated that again after a year or so, the brother-in-law is said to have come to the wife and her husband's house and demanded another sum of cash from the wife.
Upon this, the wife filed an F.I.R at the police station, Nellore District for the offenses under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act against the brother-in-law.
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Read Latest Article- 498A Quash after Chargesheet 27.09.2022- Andhra Pradesh High Court-No Specific Allegation made against Brother-in-law. F.I.R Quashed.
Arguments- 498A Quash Judgement 01.11.2022
The advocate appearing on behalf of the brother-in-law submitted the certificate issued by the Hospital, Kavali to the court stating that the brother-in-law and husband of the wife are both suffering from Retinitis Pigmentosa, which is a degenerative eye disease which would result in a progressive loss of vision by the person suffering from the disease.
It is also submitted that the wife had no complaint against anybody till the said disease came to light and immediately after she came to know that both her brother-in-law and husband are suffering from such disease, the wife sought separation with the huge amount of money being paid to her. And when the family of the brother-in-law refused to agree to such demands, the present complaint has been filed.
It is further submitted that the allegations against the brother-in-law herein are that he had made general demands for dowry and no specifics relating to the time, date, or place where such demands were raised have been set out in the complaint.
Arguments- 498A Quash Judgement 01.11.2022
It is also submitted that the complaint filed by the wife does not anywhere state that the cruelty or harassment had been visited upon the wife by her brother-in-law and in these circumstances, no case is made against him.
Therefore, he prayed for the quashing of the F.I.R filed by the wife against her brother-in-law.
On the other hand, the Public Prosecutor appearing on behalf of the State submitted that there are allegations against the brother-in-law to the extent of stating that the brother-in-law had demanded a huge sum of cash on one instance and another sum of cash by going to the house of the wife’s husband.
Therefore, it is prayed that there is no question of quashing the F.I.R filed by the wife against her brother-in-law.
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Referred Judgements- 498A Quash Judgement 01.11.2022
Kahkashan Kausar and Others Vs. State of Bihar and Others
Court’s Opinion- 498A Quash Judgement 01.11.2022
It is stated that in numerous instances the Supreme court has expressed concern over the misuse of section 498A IPC and the increased tendency of implicating relatives of the husband in the matrimonial disputes without analyzing the long-term ramifications of a trial on the complainant as well as the accused.
It further manifests that the false implication by way of general and omnibus allegations made in the course of matrimonial disputes if left unchecked would result in misuse of the process of law.
Therefore, the supreme court by way of its judgements has warned the courts from the proceedings against the In-laws and relatives of the husband when no prima facie case is made out against them.
Court’s Opinion- 498A Quash Judgement 01.11.2022
It is also stated by the Hon’ble Supreme court in a case that in the absence of any specific role attributed to the accused applicants, it would be unjust if the applicants are forced to go through the trial and a criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused, and such exercise must be discouraged.
It is further stated that when one fails to ascertain the role played by each accused in furtherance of the offense, then the allegations are considered general and omnibus, and can at best be said to have been made out of an account of small fights.
Furthermore, it is also stated that as far as the appellants are concerned if the allegations made against them are general and omnibus then it does not warrant prosecution.
Court’s Opinion- 498A Quash Judgement 01.11.2022
These principles are laid down in the case where the matter was pending at the stage of the trial.
In the present case, the court stated that even though the complaint is under Investigation, there can be no improvement over the complaint in the case, and the principles laid down by the Supreme court could be applied to this case also.
In view of the above discussions, the court held that the Criminal Petition is allowed and the F.I.R filed by the wife at the police station, Nellore district for the offenses under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act against the brother-in-law is hereby quashed.
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Conclusion- 498A Quash Judgement 01.11.2022
In this article, Andhra Pradesh High Court held that even when the complaint is under investigation and there can be no improvement over the complaint, then the allegations are considered general and omnibus and can be said to have been made out of an account of small skirmishes, and such allegations do not warrant prosecution.
It was also held that In the present case, the general and omnibus allegations are made by the wife against the brother-in-law.
Therefore, the F.I.R. against the petitioner is hereby quashed.
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