498A Quash Judgement 24.01.2023- Jharkhand High Court – No Offense made out against the Six In-laws, FIR Quashed.
 |
498A Quash Judgement 24.01.2023 GET THIS DOC IN PDF WITH CASE DETAILS |
498A Quash Judgement 24.01.2023- In this article, the Jharkhand High Court held that the offense alleged against the six In-laws is not made out, and the allegations made by the wife of assault and dowry demands are all directed against the husband. The only allegation on the In-laws is that on one occasion they taunted the wife on the topic of dowry, but the object of the said taunt is not stated, and it will be an abuse of the process of the court and law to permit the proceedings against the six In-laws simply because they are relatives of the husband. Therefore, the criminal Proceedings against the Six In-laws are hereby quashed.
Case Brief- 498A Quash Judgement 24.01.2023
According to the facts mentioned in the FIR filed by the wife, at the time of marriage between the wife and her husband, the husband demanded payment of dowry from the wife, and after the marriage, on 08.12.2019 the wife and the husband started to live in Pune where the husband was working.
It is stated that in Pune, on 16.12.2019 the wife started to stay in the house of an In-law with her husband, and the moment the wife of the In-law came, there was a violent altercation between the husband, the In-law, and his wife.
It is also stated that the husband started assaulting the wife, and thereafter on 17.12.2019 the husband and the wife shifted to another flat in the same apartment. There were no household articles in the new flat, and whenever the wife asked for anything, she was assaulted by the husband.
Case Brief- 498A Quash Judgement 24.01.2023
It is further stated that after the lockdown during the Covid Pandemic, the husband used to work in the house of the In-law till late at night, and also started talking with the wife, but on 15.07.2020, the husband attempted to choke the wife to death by a pillow.
It is also stated that after the said incident, the wife's mother came there and pleaded with the husband to treat the wife nicely, and on this, the husband demanded Rs Fifty lakhs for purchasing a new flat.
Furthermore, it is stated that on 04.01.2020 the husband shifted with his girlfriend, and the wife along with her mother returned to their native home.
Upon this, the wife filed an FIR at the Police Station for the offense under Sections 341, 323, 498A, 504, 506 of IPC and Sections 3, 4 of the Dowry Prohibition Act against her husband and six In-laws, and the case were registered against the husband and six In-laws.
_________________________________________________
Read The Latest Article- 498A Quash Judgement 16.11.2022- Himachal Pradesh High Court - General, Vague and Omnibus Allegations against the Brother-in-law. FIR Quashed.
Arguments- 498A Quash Judgement 24.01.2023
The advocate appearing on behalf of the husband and In-laws submitted that there is no material available to disclose the offense as alleged against the six In-laws, and all the allegations are directed against the husband.
It is also submitted that all six In-laws never even shared the domestic household of the wife, and they have been falsely implicated in the present case on general allegations
It is further submitted that even if it is assumed that the entire FIR is true, the offense will also be made out only against the husband, and not against the In-laws.
Therefore, he prayed for the quashing of the entire criminal proceedings against the husband and the In-laws.
Arguments- 498A Quash Judgement 24.01.2023
On the other hand, the Public Prosecutor appearing on behalf of the wife submitted that immediately after the marriage, the In-laws started taunting the wife for bringing less dowry, and there has been a bank transaction by which the amount was transferred to the account of the husband.
It is also submitted that the investigation of the present case is still pending, and the FIR cannot be considered to be an encyclopedia that contains all the information.
Therefore, it is prayed that the FIR should not be quashed, and the petition filed by the husband and the In-laws shall be dismissed.
_________________________________________________
Referred Judgements- 498A Quash Judgement 24.01.2023
- K. Subha Rao Vs. State of Telangana
Court’s Opinion- 498A Quash Judgement 24.01.2023
It is stated by the court that in the above-mentioned cases, the Hon’ble Supreme court has held that the courts should be careful during the proceedings against the distant relatives of the husband in the crimes pertaining to dowry deaths and matrimonial disputes.
It has also been held that the relatives and family members of the husband should not be roped in the case on the basis of the omnibus allegations unless specific instances of their involvement in the relatives and family members are made out in the case.
The Supreme Court also held that in numerous instances the court has expressed concern over the misuse of the provision of Section 498A of IPC, as there has been increasing in the tendency of implicating the relatives of the husband in such matrimonial disputes without analyzing the long term outcome of a trial on the person who filed the complaint as well as on the accused persons.
Court’s Opinion- 498A Quash Judgement 24.01.2023
It is also stated by the court that in the present case, on the plain reading of the FIR, the court is of the view that the offense alleged against the six In-laws is not made out, and the only allegation on the In-laws is that on one occasion they taunted the wife on the dowry, but it is not stated anywhere that what was the object of the said taunt made by the In-laws.
The court further stated that the entire incident took place after the husband and the wife shifted to Pune, and the allegations made by the wife of assault and dowry demands are all directed against the husband.
In view of the above discussion, the court held that it will be an abuse of the process of the court and law to permit the proceedings against the six In-laws simply because they are relatives of the husband.
Therefore, FIR and the entire criminal proceedings against the six In-laws are hereby quashed.
_________________________________________________
Conclusion- 498A Quash Judgement 24.01.2023
In this article, Jharkhand High Court held that the entire incident took place after the husband and the wife shifted to Pune, and the allegations made by the wife of assault and dowry demands are all directed against the husband.
It is also held that on the basis of the allegations made by the wife, the offense alleged against the six In-laws is not made out, and it will be an abuse of the process of the court and law to permit the proceedings against the six In-laws simply because they are relatives of the husband.
Therefore, FIR and the entire criminal proceedings against the six In-laws are hereby quashed.
Blogger Comment
Facebook Comment