498A Quash Judgement 16.12.2022- Madhya Pradesh High Court- Inconsistent, Vague, and General allegations against the Parents-in-law. FIR Quashed.
498A Quash Judgement 16.12.2022- In this article, the Madhya Pradesh High Court held that The allegations alleged against the parents-in-law with regard to the demand of dowry as well as dowry demand cruelty are inconsistent, vague, and general in nature. Nothing specific has been alleged against the Parents-in-law, hence in the absence of any specific allegation with regard to dowry demand cruelty, the case against the parents-in-law is nothing but an abuse of the process of law. Therefore, the Criminal Proceedings against the Parents-in-law are hereby quashed.
Case Brief- 498A Quash Judgement 16.12.2022
According to the facts mentioned in the FIR filed by the wife, the marriage between the wife and her husband was solemnized on 21.04.2003 as per Hindu rites and rituals and out of their wedlock, they have two daughters born on 01.07.2004 and 23.12.2010 respectively.
It is stated that at the time of the wife's marriage to her husband, one vehicle along with gold and silver jewelry, cash, and other household items were gifted by the wife's parents and the whole expenses of the marriage reception were taken care of by them.
It is also stated that after about a year of marriage, the husband and parents-in-law treated the wife with the utmost care, but on 01.07.2004, when the elder daughter was born, the behavior of the husband and parents-in-law changed.
Case Brief- 498A Quash Judgement 16.12.2022
It is further stated that the husband and parents-in-law started taunting the wife that her parents did not give her any dowry and told the wife to bring a four-wheeler vehicle from her parents.
It is also stated that when the wife got pregnant for the second time, the husband and parents-in-law pressurized her to get sonography done and when the wife denied it, then they assaulted her and after the birth of the second daughter, the husband and parents-in-law started saying that the wife did not give birth to a boy child.
Furthermore, it is stated that the husband and parents-in-law also started saying to the wife to bring the expenses of her two daughters from her parents, and thereafter, the husband and parents-in-law separated the wife, due to which she was forced to live along with her younger daughter in a separate room.
Case Brief- 498A Quash Judgement 16.12.2022
It is also stated that the husband and parents-in-law usually stopped supplying water and electricity, tortured the wife, and did not arrange any food for her and her daughter.
Upon this, the wife filed a written complaint dated 06.06.2017 and an FIR was registered at the Police Station, Indore against the husband and parents-in-law for the offenses punishable under Sections 323/34, 498A, and 506 of IPC.
The statements of the wife and other witnesses were recorded and after the completion of the investigation, a chargesheet was filed against the husband and parents-in-law before the court. Of JMFC, Indore.
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Arguments- 498A Quash Judgement 16.12.2022
The advocate appearing on behalf of the husband and parents-in-law submitted that the husband is working as a scientific officer in a Central Government Department since the year 1998, while the wife is holding a Masters's degree in Engineering and also working and earning decently all throughout.
It is also submitted that the husband has his own four-wheeler right from the beginning and the wife never wanted to live in a joint family with her parents-in-law and the wife immediately after the birth of the elder daughter went to live with her parents without any rhyme or reason.
It is further submitted that in the year 2010, after the birth of a second daughter also, the wife again went to live with her parents and the husband in order to save his marriage agreed to live separately with the wife away from his parents and took a government quarter in the month of March 2011.
Arguments- 498A Quash Judgement 16.12.2022
It is also submitted that in the month of May 2011, the wife came to live with the husband but thereafter she again started behaving obnoxiously causing physical and mental cruelty to the husband.
Furthermore, it is submitted that after some time, the wife asked the husband to shift back to his parent's house and then without the consent of the husband, the wife went to live with her parents-in-law. The husband was away for about two months, but when the wife did not return, he also started living with the wife in the matrimonial home.
It is also stated by the advocate that on 26.12.2011, the wife crossing all her limits at the hands of the husband caused him serious injury and the wife started threatening to commit suicide about which the husband gave an application dated 28.02.2013 to the Police Station.
Arguments- 498A Quash Judgement 16.12.2022
It is further stated by the advocate that the wife filed various false cases against the husband and parents-in-law with a view to wreak vengeance against them and then the husband filed a divorce petition against the wife and thereafter, after receiving summons of the aforesaid divorce petition, as a counterblast, the wife lodged a false and fabricated report.
It is also stated by the advocate that the allegations alleged against the husband and parents-in-law are vague, general, and highly improbable and the wife neither in her earlier proceedings nor in the reply filed to the divorce petition made allegations with regard to the demand of dowry so the proceedings against the husband and parents-in-law are frivolous and malafide.
Therefore, he prayed for the quashing of the FIR, Chargesheet, and the subsequent proceedings against the husband and parents-in-law.
Arguments- 498A Quash Judgement 16.12.2022
On the other hand, the advocate appearing on behalf of the wife as well as the advocate appearing on behalf of the State submitted that the husband and parents-in-law made dowry demand and did cruelty to the wife.
It is also submitted that the allegations alleged against the husband and parents-in-law are substantiated by the statements of the wife as well as other witnesses.
It is further submitted that the husband and parents-in-law are continuously harassing the wife, about which on earlier occasions also, the wife lodged an FIR and other proceedings against the husband and parents-in-law.
Therefore, it is prayed that the prayer made by the husband and parents-in-law for quashing of FIR, Chargesheet, and subsequent criminal proceedings pending against them is not acceptable, and the petition is liable to be dismissed.
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Referred Judgements-498A Quash Judgement 16.12.2022
- Ramkumar Sarathe and others Vs. State of Madhya Pradesh and others
- Neera Singh Vs. The State (Govt. of NCT of Delhi) and others
- Premsingh and others Vs. Mithlesh Kunwar and others
- Bachchan and others Vs. State of M.P. and another
- State of Orissa Vs. Debendra Nath Padhi
- G.V. Rao Vs. L.H.V. Prasad & Ors.
- B.S. Joshi & Ors Vs. State of Haryana & Anr.
- Ramesh Vs. State of Tamil Nadu
Court’s Opinion- 498A Quash Judgement 16.12.2022
It is stated that upon perusal of the record, prima facie it appears that on 06.06.2017, the wife made two written complaints to the SHO in the Police Station, Indore, wherein the first complaint was handwritten on the basis of which FIR was lodged, while the second complaint was a typed copy.
It is also stated that the wife explained the dowry demand made by the husband and parents-in-law, and the harassment and cruelty suffered by the wife and her daughters, and in this regard, the statements of the wife recorded before the court of JMFC are also relevant wherein during cross-examination, the wife stated that her relations with her husband are not good since the year 2015 when her flat was sold.
It is further stated that as both the documents, that is the typed complaint and the statement recorded before the Court of JMFC are documents of the unimpeachable character of sterling quality, therefore, they can be considered at this stage.
Court’s Opinion- 498A Quash Judgement 16.12.2022
It is also stated that it is apparent from the above two complaints made by the wife herself and also her statements recorded before the court of JMFC that the allegations alleged against the parents-in-law with regard to demand of dowry as well as dowry demand and cruelty are inconsistent, vague and general in nature.
Furthermore, the court stated that the wife in her typed complaint dated 06.06.2017 specifically stated that she in her FIR did not allege anything against the father-in-law and the wife in her statements recorded before the court of JMFC also did not state anything specifically against the parents-in-law.
Hence, the allegations alleged against the parents-in-law in the FIR that they started demanding dowry after about a year of marriage of the wife and her husband and started making cruelty to the wife appear very doubtful.
Court’s Opinion- 498A Quash Judgement 16.12.2022
The court also stated that it is apparent from the record that the parents-in-law have filed an application under Section 22(1) of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 against the husband and the wife before the competent authority for vacating their house on an earlier occasion and also made a complaint against the wife. Therefore, being the parents of the husband, the probability of their false implication in the matter cannot be ruled out.
Upon view of the above discussion, the court held that nothing specific has been alleged against the Parents-in-law, hence in the absence of any specific allegation with regard to dowry demand and cruelty, only on the basis of inconsistent, vague, and general nature of allegations, the case against the parents-in-law is nothing but abuse of process of law, hence the petition in respect of the parents-in-law is allowed.
The court also held that as far as the allegations alleged against the husband are concerned, prima facie, it is apparent that on earlier occasions also, the wife had made complaints against him and had also lodged an FIR with regard to assault made by him. Some litigation is pending between the wife and the husband including the divorce petition filed by the husband therefore, without recording the evidence, at this stage, it cannot be said that all the allegations alleged against the husband are baseless and false.
Therefore, the petition is partly allowed and the FIR, Chargesheet, and subsequent criminal proceedings pending against the Parents-in-law before the court of JMFC, Indore are hereby quashed and the parents-in-law are discharged from the charges leveled against them.
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Conclusion- 498A Quash Judgement 16.12.2022
In this article, Madhya Pradesh High Court held that the allegations alleged against the parents-in-law in the FIR that they started demanding dowry after about a year of marriage of the wife and her husband and started making cruelty to the wife appear very doubtful.
It is also held that nothing specific has been alleged against the Parents-in-law, hence in the absence of any specific allegation with regard to dowry demand and cruelty, only on the basis of inconsistent, vague, and general nature of allegations, the case against the parents-in-law is nothing but abuse of process of law.
Therefore, the FIR against the Parents-in-law is hereby quashed.
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