498A Quash Judgement 04.10.2022- Gujarat High Court - No Specific Allegations against Three In-laws. F.I.R Quashed.

498A Quash Judgement 04.10.2022- Gujarat High Court - No Specific Allegations against Three In-laws. F.I.R Quashed.

498A Quash Judgement 04.10.2022
498A Quash Judgement 04.10.2022


498A Quash Judgement 04.10.2022 - In this article, the Gujarat High Court held that the main allegations of the wife are against her husband and parents-in-law and there are no specific allegations against the Other Three In-laws. In the light of the facts and circumstances of the case, the F.I.R and the allegations therein turned out to be an abuse of the process of law, and it could be said to be only for wreaking vengeance. Therefore, Criminal proceedings against the In-laws are hereby quashed.

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Case Brief- 498A Quash Judgement 04.10.2022

According to the facts mentioned in the F.I.R filed by the wife, the marriage between the wife and her husband was solemnized on 25.05.1998 as per the Hindu rites and rituals.

It is stated by the wife that out of the wedlock between the wife and her husband they have three daughters and that her husband, parents-in-law, and other Three In-laws did not care about the daughters of the wife, and she was subjected to physical and mental harassment and torture.

It is also stated by the wife, that one of her daughters passed away on 13.02.2010, and allegedly her husband, parents-in-law, and other three In-laws did not show any concern about the daughters of the wife.

Case Brief- 498A Quash Judgement 04.10.2022

It is further stated by the wife that she was abused and humiliated by her husband and In-laws, and it is alleged that she was suspicious about the relationship of her husband with some other woman for which the wife had fought with her husband, parents-in-law, and other three In-laws.

It is also stated that the husband and In-laws meted out physical cruelty on the wife and on 12.09.2012, the wife was driven out of her matrimonial house along with her two daughters.

The wife stated that her husband and In-laws resolved the dispute and entered into a compromise with the wife, however, subsequently, thereafter she was subjected to harassment.

Case Brief- 498A Quash Judgement 04.10.2022

The wife also stated that the father-in-law hit the younger daughter of the wife, and she had to be treated at the hospital, and she was subjected to humiliation and harassment.

The wife further stated that on 16.04.2016, she was beaten by her husband, parents-in-law, and other three In-laws and that allegedly on 22.04.2016, she was once again driven out of her matrimonial house.

Upon this, the wife registered F.I.R dated 23.11.2016 at the police station, Surat for the offenses punishable under sections 498A, 323, 504, 506(2), and 114 of IPC against her husband, parents-in-law, and other Three In-laws.

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Arguments- 498A Quash Judgement 04.10.2022

The advocate appearing on behalf of the In-laws submitted that being aggrieved by the complaint registered by the wife, the In-laws herein are constrained to approach the court by praying to quash and set aside F.I.R registered with the police station, Surat, and all consequential proceedings pursuant to the aforesaid F.I.R.

He also prayed that during the pendency and final disposal of the present petition the court may be pleased to stay further proceedings/ investigation of F.I.R registered with the police station, Surat, and all consequential proceedings pursuant to the aforesaid F.I.R.

He further prayed to pass any such other and/or further orders that may be thought just and proper, and in the facts and circumstances of the present case.

Arguments- 498A Quash Judgement 04.10.2022

The advocate does not press the present application qua the husband and the parents-in-law.

On the other hand, the advocate appearing on behalf of the wife submitted that the complaint be continued for her husband, parents-in-law, and Other In-laws in view of the fact that there are specific allegations against all of them. 

Therefore, he prayed that there is no question of quashing the F.I.R and criminal proceedings against the petitioners.

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498A Quashing after Divorce 29.09.2022- Calcutta High Court- False Allegations found against the Husband. F.I.R Quashed.


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Referred Judgements- 498A Quash Judgement 04.10.2022

  • Neelu Chopra and Anr. Vs. Bharti
  • Bhaskar Lal Sharma and Anr. Vs. Monica
  • State of Punjab Vs. Pritam Chand & Ors
  • Harmanpreet Singh Ahluwalia & Ors. Vs. State of Punjab & Ors.
  • Anand Kumar Mohatta and Anr. Vs. State (NCT of Delhi)
  • State of Karnataka Vs. L. Muniswamy and Others
  • Natubhai Somabhai Rohit and others Vs. State of Gujarat
  • G.V. Rao Vs. L.H.V. Prasad


Court’s Opinion- 498A Quash Judgement 04.10.2022

It is stated that having regard to the facts cumulatively operating, when the allegations are shown to be non-specific and not of the degree of seriousness contemplated in law and when the applicants accused are shown to be living separately coupled with attendant facts and aspects noticed and noted, the allegations become too bold to be sustained in law.

It is also stated that in the present case, two out of three In-laws are aged about seventy and ninety years respectively.

It is further stated that in light of the facts and circumstances of the case, the FIR and the allegations therein turned out to be an abuse of the process of law and could be said to be only for wreaking vengeance.

Court’s Opinion- 498A Quash Judgement 04.10.2022

It is stated that the advocate appearing on behalf of the In-laws herein has not pressed the writ-application qua the husband and parents-in-law respectively.

It is also stated that from the bare reading of the FIR the main allegations of the wife are against the husband and parents-in-law and the FIR as well as affidavit-in-reply filed by the wife also alleged against the husband and parents-in-law.

In view of the above discussion, the court held that in light of the facts and circumstances of the case and in view of the aforesaid findings, the writ- application is allowed qua the In-laws, and there are no specific allegations against the three In-laws.

Court’s Opinion- 498A Quash Judgement 04.10.2022

Therefore, the FIR registered with the Police station, Surat for the offenses punishable under sections 498A, 323, 504, 506(2), and 114 of the IPC against the three In-laws are quashed and set aside.

However, the FIR registered with the Police station, Surat for the offenses punishable under sections 498A, 323, 504, 506(2), and 114 of the IPC against the husband and parents-in-law shall continue.

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Conclusion- 498A Quash Judgement 04.10.2022

In this article, the Gujarat High Court held that in light of the facts and circumstances of the case, the FIR and allegations turned out to be an abuse of the process of law and could be said to be only for wreaking vengeance.

It was also held that from the bare reading of the FIR the main allegations of the wife are against her husband and parents-in-law and there are no specific allegations against the other Three In-laws.

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


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