498A Quash Judgement 10.10.2022- Gujarat High Court - Vague Allegations against the Sister-in-law and Another In-law. F.I.R Quashed.

498A Quash Judgement 10.10.2022- Gujarat High Court - Vague Allegations against the Sister-in-law and Another In-law. F.I.R Quashed.

498A Quash Judgement 10.10.2022
498A Quash Judgement 10.10.2022



498A Quash Judgement 10.10.2022- In this article, the Gujarat High Court held that the F.I.R filed by the wife can be said to be vague. The wife has not even stated how and when she resided with the sister-in-law and another In-law in that four months period when she was living with her husband and his family. Therefore, the Criminal Proceedings against the Sister-in-law and another In-law are hereby quashed.

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Case Brief- 498A Quash Judgement 10.10.2022


According to the facts of the F.I.R filed by the wife, the marriage between the wife and her husband was solemnized in January 2019. And the wife came to live in her matrimonial home with her husband after the marriage.


It is also stated that since her marriage, the wife was harassed and tortured by the husband, sister-in-law, and another In-law on demand for more dowry, and later the wife left her matrimonial home and went to her Uncle’s house in Ahmedabad in May.


Upon this the wife filed the F.I.R at the Police station, Ahmedabad under sections 498A, 323, 294, 506(2), and 114 of IPC read with Sections 3 and 7 of the Dowry Prohibition Act against the Sister-in-law and another In-law.

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Arguments- 498A Quash Judgement 10.10.2022


The advocate appearing on behalf of the Sister-in-law and another In-law submitted that sister-in-law and another In-law herein are residents of Mumbai.


It is also submitted that the sister-in-law and another In-law came to Vadodara for attending the marriage function just 2 days before the marriage and returned to Mumbai on the very next day and did not spend even a single day with the wife. 


It is further submitted that even after marriage, the wife herself informed that she went to Andaman and Nicobar Islands for their honeymoon with her husband.


Arguments- 498A Quash Judgement 10.10.2022


The advocate also stated that the wife resided in the matrimonial home only for a short span of four months, i.e. the marriage took place in January 2019, and she went to her uncle’s house in Ahmedabad in May 2019.


It is also stated that the sister-in-law and another In-law had never stayed with the wife and hence allegations put forth by the wife that she was tortured are completely false with an intention to harass the In-laws by bringing them in the F.I.R.


It is further submitted that the allegations levelled against the Sister-in-law and another In-law herein in the impugned F.I.R can be said to be vague allegations.


Arguments- 498A Quash Judgement 10.10.2022


Therefore, the advocate prayed for the quashing of criminal proceedings and the F.I.R filed by the wife against the sister-in-law and another In-law.


On the Other hand, the APP appearing on behalf of the State submitted that the allegations as alleged by the wife in the impugned FIR at the most could be said to be harassing the wife.

However, nothing further is coming on record during the course of the investigation.


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

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Referred Judgements- 498A Quash Judgement 10.10.2022

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


Court’s Opinion- 498A Quash Judgement 10.10.2022


The Supreme Court in a case has stated that besides the generality and vagueness of the allegations, if the ingredients necessary to make out the offense under 498A, IPC are looked into, the allegations of harassment should be of such extent and nature as to coerce the wife to meet any unlawful demand of dowry or any unlawful conduct on part of the accused of a nature which is likely to drive the woman to commit suicide, danger or to cause grave injury to life, limb or health. 


It is also stated that the tendency to rope in all the family members in the FIR speaks for themselves and in such circumstances, it becomes necessary that the requirements of alleging a specific role for each of the members be specified, for which the indispensable aspects that all should stay together.


It is further stated that having regard to 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 accused are shown to be living separately coupled with the facts and the aspects noticed and noted, the allegations become too bold to be sustained in law.


Court’s Opinion- 498A Quash Judgement 10.10.2022


It is settled principle that the High Court is entitled to quash a proceeding in those circumstances when it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceedings should be quashed.


In the present case, the court stated that the F.I.R can be said to be vague, and the wife has not even stated that how and when she resided with the sister-in-law and another In-law in that four months period with her husband and his family.


In view of the above discussion, the court held that the complaint/ F.I.R registered at the police station, Ahmedabad under sections 498A, 323, 294, 506(2), and 114 of IPC read with Sections 3 and 7 of the Dowry Prohibition Act against the Sister-in-law and another In-law is hereby quashed and set aside.


It was also held that pursuant to the filling of the impugned F.I.R, if a chargesheet and criminal case are registered, the same also stands terminated.

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Conclusion- 498A Quash Judgement 10.10.2022


In this article, Gujarat High Court held that the F.I.R is vague, and the wife has not even stated how and when she resided with the sister-in-law and another In-law in the four months period when she was living with her husband and his family.


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



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