498A Quashing after Divorce 21.09.2022- Calcutta High Court- Non-Specific Allegations against Husband and In-laws. FIR Quashed.

 498A Quashing after Divorce 21.09.2022- Calcutta High Court- Non-Specific Allegations against Husband and In-laws. FIR Quashed.


498A Quashing after Divorce 21.09.2022
498A Quashing after Divorce 21.09.2022



498A Quashing after Divorce 21.09.2022- In this article, Calcutta High Court held that no specific or direct allegations against the husband, parents-in-law, and sister-in-law individually can be found. There is no material against the husband and In-laws to direct a trial proceeding against them, and forcing them to undergo a trial would amount to an abuse of the process of law. Therefore, criminal proceedings against the husband and In-laws are hereby quashed.



Case Brief- 498A Quashing after Divorce 21.09.2022


According to the facts mentioned in the complaint filed by the wife, the marriage between wife and husband was solemnized in the year 2005, but it was never peaceful. 


It is stated in the complaint that her parents presented dowry in form of gold, cash, and other household article to her husband at the time of marriage. But since her marriage, she has been subjected to extreme torture by her husband, parents-in-law, and sister-in-law on demand for more dowry and other valuable gifts.


It is also stated that her inability to remit more amount of dowry has subjected her to both mental and physical torture by not allowing her to keep any contact with her matrimonial family members and also threatening her husband to dissolve the marriage by a decree of divorce.


She further stated that on 27.02.2015 she was subjected to immense physical abuse by her husband and her In-laws and the next day she was forced to leave her matrimonial home with her brother.


It is stated that since that day she has been living separately from her husband and her matrimonial family members and her husband has never taken any steps to bring back peace in their life.


Later wife filed the complaint before the court of the chief Judicial Magistrate at Murshidabad and according to the direction of the court Police registered the F.I.R dated 14.04.2015 under Section 498A IPC and, after investigation police submitted the charge sheet.

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Arguments- 498A Quashing after Divorce 21.09.2022


The advocate appearing on behalf of the husband, parents-in-law and sister-in-law referred to a document annexed with the petition which is a plaint in a Matrimonial case in the court of District Judge Murshidabad filed by the wife under Section 13 of the Hindu Marriage Act, 1956 praying for dissolution of her marriage with her husband by decree of divorce.


He stated that the said suit has ended in delivering an ex-parte order and decree by the concern court on 03.02.2016, by dint of which the matrimonial court decreed the suit. 

So it can be seen by dint of said decree, the marriage tie between wife and her husband has been severed since 03.02.2016.


Furthermore, he also relied on certain averments made in the plaint in the said matrimonial suit, like the fact that the wife has stated on affidavit that she left her matrimonial home ultimately on 28.02.2012. 


But in the statement of the wife made in her complaint before the court of Chief Judicial Magistrate, Murshidabad, she mentioned the date of her leaving matrimonial home to be 28.02.2015, which is contrary to the fact she disclosed in her matrimonial suit.


He further submitted that since wife has deserted her husband, the husband with the intention to resume their conjugal life has sent a letter through his advocate on 09.03.2015 to his wife, asking her to return to her matrimonial home.


He also stated that after receiving the letter the complaint was filed by the wife on 02.04.2015, as a counterblast thereof which is full of untrue facts and only malicious.


Therefore, he prayed for the quashing of the proceedings and the F.I.R filed by the wife and criminal proceeding against the petitioners.


On the other hand, APP appearing on behalf of the state strongly controverted the submissions made on behalf of wife’s husband, parents-in-law, and sister-in-law and challenges the grounds and prayer made in the case.


He further submitted that on the basis of materials available in CD in connection with this case, that during the investigation, it can be seen that the witnesses have duly corroborated the allegations made by the wife in her complaint.


He has controverted the submissions of her husband and In-laws regarding the non-availability of any medical report by stating that infliction of mental torture shall also entail them to come under the four corners of Section 498A IPC.


Furthermore, he stated that during the investigation sufficient materials are collected in form of the witness’s statement and the statement of the wife regarding the continuous and excessive infliction of mental torture upon her by her husband, parents-in-law, and sister-in-law.


Therefore, he pleaded that petitioners should face the trial and there is no question of quashing the F.I.R against the petitioners.

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Referred Judgements- 498A Quashing after Divorce 21.09.2022

  • Aminuzzaman Chowdhury@ Fama Chowdhury & Ors. Vs. State of West Bengal & Anr.

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Court’s Opinion- 498A Quashing after Divorce 21.09.2022


The law is very much settled on the point that vague and omnibus allegations should not lead touchstone to conduct of a trial pursuant to any such complaint. On the touch stone of this settled principle of law, the facts of the present case are required to be examined.

 

In this case, the contents Of F.I.R and arguments of the advocate appearing on behalf of the respondent’s husband, parents-in-law and sister-in-law shows that no specific role is attributed to any of petitioner individually in the commission of the offense as alleged.

Also, the relevant and pertinent dates are merely wife’s surmise.

On basis of all the facts and circumstances of the case, it would only be unjust if the husband and In-laws are forced to go through a trial it would amount to be an abuse of the process of the court.


It was also stated that, one cannot find any such material, presume any iota of allegations of physical and mental torture to have been substantiated by any material in that. 

The court has no hesitation to hold that there is no material against the respondent’s husband and In-laws to direct the trial to have proceeded against them and present criminal revision case merits success. 


In view of above discussion, the Case pending before the Trial Court in connection with the F.I.R registered by police dated 14.04.2015 under Section 498A IPC is quashed and set aside and criminal application so far as all petitioners are concerned is disposed of.

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Conclusion- 498A Quashing after Divorce 21.09.2022


In this article, Calcutta High Court held that no specific role is attributed to husband, parents-in-law, and sister-in-law individually in commission of the offense as alleged


No specific or direct allegations against husband and In-laws individually can be found, and there is no material against them to direct trial proceedings against them.


The affidavit filed by the wife shows vagueness of wife’s contention and also the relevant and pertinent date are merely her surmise.


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



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