498A Quash Judgement 15.09.2022- Telangana High Court - Vague allegations against Parent-in-law, sister and brother-in-law. FIR Quashed.
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498A Quash Judgement 15.09.2022
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498A Quash Judgement 15.09.2022- In this article, Telangana High Court held that allegations made against the husband, parents-in-law, sister, and brother-in-law are not specific in nature. Ingredients of Section 498-A and 109 IPC are lacking in contents of the complaint and charge sheet against the petitioner, and continuance of further proceedings would amount to an abuse of the process of law. Therefore, Criminal Proceedings against In-laws are hereby quashed.
Case Brief- 498A Quash Judgement 15.09.2022
According to the facts mentioned in the complaint filed by the wife, the marriage of husband and wife was solemnized about six years prior to the date of giving the complaint.
She submitted that at the time of marriage, her parents presented a dowry in form of gold and cash to her husband. Both she and her husband resided at Kosgi Village and lived happily for about one month from the date of her marriage.
She further submitted that after one month of marriage her husband, parents-in-law and sister, and brother-in-law started harassing her mentally and physically to fulfill their additional dowry demands and drove her away to her mother’s home at Allapur.
It is further alleged in the complaint that her parents-in-law took her back to her matrimonial home on the advice of the panchayat and all her In-laws again started harassing her for additional dowry, and again she was sent to her parent's house and for the last five years, she is residing with her parents.
She further submitted that neither her husband nor her In-laws came to take her back to her matrimonial home.
Based on the said complaint, Police registered the case for the offenses punishable under Section 498-A IPC and started investigation and after completion of investigation they filed charge-sheet against her husband and her parents-in-law for the offense punishable under Section 498-A and against her sister and brother-in-law for the offense punishable under Section 109 IPC.
According to the facts mentioned in the complaint filed by the wife, the marriage of husband and wife was solemnized about six years prior to the date of giving the complaint.
She submitted that at the time of marriage, her parents presented a dowry in form of gold and cash to her husband. Both she and her husband resided at Kosgi Village and lived happily for about one month from the date of her marriage.
She further submitted that after one month of marriage her husband, parents-in-law and sister, and brother-in-law started harassing her mentally and physically to fulfill their additional dowry demands and drove her away to her mother’s home at Allapur.
It is further alleged in the complaint that her parents-in-law took her back to her matrimonial home on the advice of the panchayat and all her In-laws again started harassing her for additional dowry, and again she was sent to her parent's house and for the last five years, she is residing with her parents.
She further submitted that neither her husband nor her In-laws came to take her back to her matrimonial home.
Based on the said complaint, Police registered the case for the offenses punishable under Section 498-A IPC and started investigation and after completion of investigation they filed charge-sheet against her husband and her parents-in-law for the offense punishable under Section 498-A and against her sister and brother-in-law for the offense punishable under Section 109 IPC.
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Read Latest Article- 498A quash judgment by supreme court- The bald allegations against married sister-in-law do not attract section 498A. FIR Quashed
Arguments- 498A Quash Judgement 15.09.2022
Advocate appearing for Petitioner’s Parents, Sister and Brother submitted that the entire allegations in FIR/ Complaint and charge sheet prima facie do not constitute any of the offenses alleged and petitioner and his family members have neither ill-treated nor harassed the wife by demanding additional dowry.
He further submitted that there are no specific allegations against her husband and her In-laws, and such continuation of proceedings against them would be an abuse of the process of law. Hence, he prayed to quash the FIR.
The advocate further stated that the wife was not living with her husband and her In-laws for about five years prior to the lodging of the complaint and as such prosecution of the accused is barred under section 468 Cr. P.C.
On the other hand, the Advocate appearing for the wife submitted that the allegations in FIR/ Complaint, Charge-sheet, show and the statements of witnesses clearly show that the petitioner has committed the alleged offenses, and there is sufficient material available to frame charges for the offenses alleged and proceed with the trial.
He further submitted that the offenses under Section 498-A IPC is a continuing offenses and the bar under Section 468 IPC is not applicable.
The Assistant Public Prosecutor representing the State submitted that the entire record prima facie makes out the ingredients of the offenses alleged, and therefore proceedings may be allowed. He prayed to dismiss the Criminal Petition.
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498a quash judgement 1.09.2021- Father & Mother-in-law living separately from the couple and no specific allegations against them leads to quashing of case. FIR Quashed.
Referred Judgements- 498A Quash Judgement 15.09.2022
- Neelu Chopra and Another Vs. Bharti
- Preeti Gupta and Another Vs. State of Jharkhand and Another
- Geeta Mehrotra and Another Vs. State of Uttar Pradesh and Another
- Gundapaneni Rakesh Vs. Thatiparthi Jithender and Another
- Arun Vyas and Another Vs. Anitha Vyas
- Kamlesh Karla Vs. Shilpika kalra and Others
- Mudavath Jyothi and Another Vs. State of Telangana and Another
- Shakson Belthissor Vs. state of Kerala and Another
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Courts Opinion- 498A Quash Judgement 15.09.2022
In this case, the contents of the FIR revealed that a complaint was filed by the wife after a lapse of five years and In her complaint, she has not made any specific allegations as to the ill-treatment or harassment caused by her husband and her In-laws demanding her to bring additional dowry from her parents.
There is also no specific mention of the nature of the demand made by the In-laws, the particulars of the offense, and the role played by the family members in committing the alleged offenses.
The law is well settled that the offense of cruelty to a wife is a continuing offense; hence, it is immaterial that the present complaint is lodged after five years after she left the matrimonial home.
It was also stated that Cruelty and Harassment are basic Ingredients of the offense under Section 498-A IPC. But in the instant case, details of harassment or mental torture meted out to the wife are nowhere specifically mentioned.
Allegations are not specific and only vague allegations are made, which do not constitute the ingredients of the alleged acts of cruelty and harassment.
It was held that ingredients of Section 498-A and 109 IPC are lacking in contents of the complaint and charge sheet against the petitioner and continuance of further proceedings against the petitioner would amount to an abuse of the process of law and would not serve any useful purpose.
In view of the above discussion, FIR registered before SHO, P.S. Karankote, Ranga Reddy District for the offense punishable under section 498-A IPC and criminal proceedings against In-laws pending before court the is hereby quashed.
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Conclusion- 498A Quash Judgement 15.09.2022
In this article, Telangana High Court held that allegations made against husband and In-laws are not specific in nature and such bald and vague allegations do not constitute the ingredients of alleged acts of cruelty and harassment. So ingredients of Section 498-A and 109 IPC are lacking in the contents of the complaint and charge sheet. Therefore, FIR against the petitioner is hereby quashed.
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