498A Quash Judgment 16.01.2023- Gujarat High Court- Non-Specific Allegations against the Parents-in-law, Sister-in-law, and Aunt of wife, FIR Quashed.

 498A Quash Judgment 16.01.2023- Gujarat High Court- Non-Specific Allegations against the Parents-in-law, Sister-in-law, and Aunt of wife, FIR Quashed.

498A Quash Judgment 16.01.2023
498A Quash Judgment 16.01.2023


498A Quash Judgement 16.01.2023- In this article, the Gujarat High Court held that there are only general and non-specific allegations against the parents-in-law, sister-in-law, and aunt of the wife in the FIR file by the wife. The wife has not specified in her complaint as to when and how she was harassed and tortured, and what dowry demand was made to her, and the FIR is filed by the wife with an ulterior motive, and to exert pressure on her In-laws and aunt by moving the criminal machinery. Therefore, the criminal Proceedings against the parents-in-law, sister-in-law, and aunt of the wife are hereby quashed.


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Case Brief- 498A Quash Judgement 16.01.2023


According to the facts of this case, the marriage between the wife and her husband was solemnized on 27.04.2009 as per Hindu customs, rites, and rituals, and after some time of the marriage, the husband and wife started residing separately, and for many years the wife has been separately living from the In-laws.


It is stated that after the marriage, the husband separated from his parents and took an amount of Rs Ten Lakhs, and gold ornaments and stated that he will never return to his parent's house.


It is also stated that on 07.04.2018, the husband came to the house of his parents, and showed his inclination to stay with them, and the parents of the husband got suspicious of this request and asked the husband about his intention of coming back to their house almost after nine years.


Case Brief- 498A Quash Judgement 16.01.2023


It is further stated that the husband wanted to stay with his parents out of love and affinity, and out of the attachment of being the grandparents of three children of the husband, the parents of the husband granted him permission to stay, and from 18.04.2018 the husband and wife started residing with the parents and other family members of the husband.


It is also stated that on 03.05.2018 the wife threatened the parents-in-law, sister-in-law, and other family members of the husband by consuming phenyl, and was later admitted to the hospital but no FIR was registered against the In-laws.


Later, the husband filed a civil suit dated 14.06.2018 for the partition and for other reliefs against his parents, and other family members, and on the same date the wife filed a complaint at the Police Station, district Surat for the offenses punishable under Sections 498A, 323, and 114 of IPC and Sections 3 and 4 of the Dowry Prohibition Act against the parents-in-law, sister-in-law, and aunt of the wife, and an FIR was registered against the parents-in-law, sister-in-law, and aunt of the wife.


The Parents-in-law, Sister-in-law, and Aunt of the wife have filed the present petition under Section 482 of CrPC for quashing and setting aside the FIR registered at the Police station for the offense punishable under Sections 498A, 323, and 114 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, and the proceedings initiated against them.


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Arguments- 498A Quash Judgement 16.01.2023


The advocate appearing on behalf of the parents-in-law, sister-in-law, and aunt of the wife submitted that the aunt of the wife is living separately for many years, the impugned FIR is a classic case of misuse of Section 498A of IPC, and the complaint is filed by the wife in connivance with the husband only for the family property.


It is also submitted that the impugned FIR is nothing but a counterblast and the pressure by the wife upon the In-laws to succumb to the illogical and illegal demand of the property, and the parents of the husband had no other recourse but to give a public notice dated 09.05.2018 to the husband to disown him, as, during the stay of the husband with them, the husband initiated certain acts and transacted with a third party in connection with the property.


It is further submitted that the act of the husband to enter the house of his parents was with an ulterior motive to defame them, and the wife has very cleverly removed the husband from the FIR, and all the allegations are directed toward the parents-in-law, sister-in-law, and aunt of the wife.


Arguments- 498A Quash Judgement 16.01.2023


Therefore, he prayed for the quashing of the FIR, and the proceedings against the Parents-in-law, Sister-in-law, and Aunt of the wife.


On the other hand, the APP appearing on behalf of the State submitted that the wife was staying in the joint family and on minor domestic issues, the wife had been harassed by stating that she does not know how to cook, and she was harassed for bringing less dowry, and therefore, the wife was physically and mentally harassed.


It is also submitted that since the FIR is registered for the dowry demand, and for the cruelty, the opportunity is required to be granted to the wife to adduce the evidence.


Therefore, it is prayed that the petition filed by the parents-in-law, sister-in-law, and aunt of the wife shall be dismissed and there is no question of quashing the FIR filed by the wife.


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498A Quash after charge sheet 19.09.2022- Bombay High Court-Omnibus and general allegations against Sister-in-law. FIR Quashed.

498A Quash Judgement 13.01.2023- Calcutta High Court – No inquiry conducted by Magistrate before passing Summoning order, Proceedings against Husband and In-laws Quashed.

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Referred Judgements- 498A Quash Judgement 16.01.2023

  • Chetnaben wife of Sureshbhai Rajyaguru and others Vs. State of Gujarat
  • State of Haryana Vs. Bhajan Lal and others


Court’s Opinion- 498A Quash Judgement 16.01.2023


It is stated by the Court that the wife has not given all the facts about her continuous stay from the year 2009 to 2018 in her complaint, and the husband was disowned by his father prior to the filing of the suit, and in the suit, the husband has asked to share the ancestral property of his parents and even threatened to commit suicide if he was not given the demanded share in the property, and such facts are reflected in the public notice given by the father of the husband.


It is also stated that in one of the above-mentioned cases the court held that once the FIR is registered under Sections 498A/ 406/ 323 of IPC and sections 3 and 4 of the Dowry Prohibition Act, then even if the allegations are vague, exaggerated or unspecific or there is no evidence of any mental or physical harm inflicted upon woman, it comes as an easy tool in the hands of police and other agencies to hound the accused persons and arrest them till they get an anticipatory bail as the offense is cognizable and non-bailable.


It is further stated by the court that in the present case, the very approach of the husband and the wife are reflected by the way of public notice given by the father of the husband, and in the complaint, the wife has not specified as to when and how she was harassed and tortured, and what dowry demand was made by the In-laws.


Court’s Opinion- 498A Quash Judgement 16.01.2023


The wife did not make the husband an accused in the case, and the FIR has been filed by the wife against the parents-in-law, sister-in-law, and aunt of the wife with an ulterior motive, and to exert pressure on them by moving the criminal machinery.


In view of the above discussion, the court held that after considering the facts and circumstances of this case, the court is of opinion that it is a fit case where the court can exercise its inherent powers under Section 482 of CrPC in favor of the parents-in-law, sister-in-law, and aunt of the wife for securing justice, as the continuance of the proceedings against the parents-in-law, sister-in-law, and aunt of the wife will lead to wastage of judicial time.


Therefore, the petition is allowed, the FIR filed, and the proceedings initiated against the parents-in-law, sister-in-law, and aunt of the wife are hereby quashed and set aside.


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Conclusion- 498A Quash Judgement 16.01.2023


In this article, Gujarat High Court held that the wife has not specified in her complaint, when and how she was harassed and tortured, and what dowry demand was made by the In-laws and there are only general and non-specific allegations against the parents-in-law, sister-in-law, and aunt of the wife.


It is also held that the FIR has been filed by the wife against the parents-in-law, sister-in-law, and aunt of the wife with an ulterior motive, and to exert pressure on them by moving the criminal machinery.


Therefore, the FIR and the Proceedings against the parents-in-law, sister-in-law, and aunt of the wife are hereby quashed and set aside.



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