498A Quash Judgement 16.12.2022- Madhya Pradesh High Court - General and Omnibus allegations against the Parents-in-law. FIR Quashed.

 498A Quash Judgement 16.12.2022- Madhya Pradesh High Court – General and Omnibus allegations against the Parents-in-law. FIR Quashed.

498A Quash Judgement 16.12.2022
498A Quash Judgement 16.12.2022

498A Quash Judgement 16.12.2022- In this article, the Madhya Pradesh High Court held that in the absence of any specific allegation with regard to the demand for dowry and cruelty, only on basis of Inconsistent, vague, and general allegations, the case against the parents-in-law is nothing but an abuse of process of law. The FIR lodged by the wife reveals that the wife nowhere made any specific allegations with regard to the demand for dowry and cruelty against the parents-in-law, and there are general and omnibus allegations against them. Therefore, the criminal Proceedings against the Parents-in-law are hereby quashed.


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Case Brief- 498A Quash Judgement 16.12.2022


According to the facts mentioned in the complaint filed by the wife, the marriage between the wife and her husband was solemnized on 24.04.2019 as per the Hindu customs, rites, and rituals.


It is stated that the father of the wife had given all the things of the household according to his status.


It is also stated that after the marriage, the husband and parents-in-law initially treated the wife well but thereafter, they started taunting the wife regarding dowry and told her to bring ten lakh rupees from her father in order to purchase a plot and also told her to bring jewelry.


Case Brief- 498A Quash Judgement 16.12.2022


It is further stated that when the wife denied saying her father is a retired person and unable to arrange that much amount, the husband and parents-in-law told her to go back to her parent’s house and the husband will get remarried.


It is also stated that on 03.11.2021, at the time of Diwali, when the wife was at her parental house, the husband came there and told her to take money from her parents for the purchase of the plot.


Furthermore, it is stated that on 20.11.2021, when the husband had beaten the wife, the wife made a phone call to her sister-in-law, who warned the husband not to do any cruelty to the wife, otherwise, they will file a complaint in the police station.


Case Brief- 498A Quash Judgement 16.12.2022


Thereafter, the husband left the wife to her sister-in-law’s residence and the wife called her brother who had taken her away to Agar to her parental home, and later the husband and parents-in-law tortured the wife physically and mentally.


Upon this, on 25.11.2021, the wife approached the police station and filed an oral complaint and an FIR was registered at the Police Station, district Agar Malwa against the husband and parents-in-law for the offense punishable under Sections 294, 323/34, and 498A of IPC.


After the completion of the investigation, a chargesheet was filed against the husband and parents-in-law.


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Arguments- 498A Quash Judgement 16.12.2022


The advocate appearing on behalf of the parents-in-law submitted that the husband and parents-in-law never made any demand for dowry and only vague and omnibus allegations with regard to the demand for dowry have been made against them.


It is also submitted that the list of gift items said to be given by the wife’s parents to the husband and parents-in-law are of no value as no receipt of the dowry items has been produced and the father of the wife has no financial capacity to pay the amount alleged to be demanded by the husband and parents-in-law, hence, the allegations alleged against the parents-in-law are totally false and baseless.


It is further submitted that admittedly, the wife was residing with her husband separately at Indore, while the parents-in-law are living in their hometown at Shujalpur and the parents-in-law have been falsely impleaded only to create pressure and mental torture over them, which is a misuse of provisions of Section 498A.


Arguments- 498A Quash Judgement 16.12.2022


Therefore, he prayed for the quashing of the FIR and subsequent criminal proceedings against the parents-in-law.


On the other hand, the advocate appearing on behalf of the State as well as the advocate appearing on behalf of the wife submitted that the parents-in-law made dowry demand and did cruelty to the wife.


It is also submitted that the allegations alleged against the parents-in-law are substantiated by the submissions of the wife as well as other independent witnesses.


Therefore, it is prayed that prayer made by the parents-in-law for quashing of FIR and subsequent criminal proceedings against them shall be not acceptable, and the petition is liable to be dismissed.


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Referred Judgements-498A Quash Judgement 16.12.2022

  • Sandep Singh Bais and others Vs. State of M.P. and others
  • Mirza Iqbal and others Vs. State of U.P. and others
  • 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 perusal of the FIR lodged by the wife reveals that the wife nowhere made any specific allegations with regard to the demand for dowry and cruelty against the parents-in-law.


It is also stated that the wife has stated about the acts of the husband and made a general and omnibus allegation against the parents-in-law.


It is further stated that when there are general and omnibus allegations of harassment of the husband's close relatives, who had been living in different cities and rarely visit the place where the wife resides, were not found as cruelty under Section 498A of IPC.


Court’s Opinion- 498A Quash Judgement 16.12.2022


It has been held in one of the above-mentioned cases that the High Court should have quashed the complaint arising out of matrimonial disputes where all family members of the husband had been roped into the litigation, which was quashed and set aside.


It has been also held that in the purpose of securing the ends of justice quashing of FIR becomes necessary, then Section 320 of CrPC would not become a bar to the exercise of the power of quashing, however, it would be a different matter depending upon the facts and circumstances of each case whether to exercise such power or not.


It is a well-settled principle that if the FIR does not disclose the commission of an offense, then the court is justified in quashing the proceedings to prevent the abuse of the process of law, and also courts are expected to adopt a cautious approach in matters of quashing in cases of matrimonial disputes that whether the FIR, in fact, discloses a case of over-implication by involving the entire family of the husband at the instance of the wife, who is out to settle her scores arising out of small problems while settling down in her new matrimonial surrounding.


Court’s Opinion- 498A Quash Judgement 16.12.2022


Upon view of the above discussion, the court held that in the absence of any specific allegation with regard to the demand for dowry and cruelty, only on basis of Inconsistent, vague, and general allegations, the case against the parents-in-law is nothing but an abuse of process of law.


Therefore, the petition is allowed, and the FIR registered at the Police Station, district Agar Malwa against the parents-in-law for the offense punishable under Sections 294, 323/34, and 498A of IPC and the subsequent criminal proceedings pending against them are hereby quashed, and the parents-in-law are discharged from the aforesaid charges.


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Conclusion- 498A Quash Judgement 16.12.2022


In this article, Madhya Pradesh High Court held that the FIR lodged by the wife reveals that the wife nowhere made any specific allegations with regard to the demand for dowry and cruelty against the parents-in-law, and the wife has stated about the acts of the husband and made a general and omnibus allegation against the parents-in-law.


It is also held that in the absence of any specific allegation with regard to the demand for dowry and cruelty, the case against the parents-in-law is nothing but an abuse of the process of law.


Therefore, the FIR against the Parents-in-law is hereby quashed. 



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