498A Quashing After Divorce 19.01.2023- General and Non-specific Allegations against the Husband, Mother-in-law, and Sisters-in-law, FIR Quashed.
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| 498A Quashing After Divorce 19.01.2023 |
498A Quashing After Divorce 19.01.2023- In this article, the Calcutta High Court held that the allegations made by the wife are not prima facie correct and there are general and non-specific allegations regarding the commission of any cognizable offenses against the husband, mother-in-law, and sisters-in-law. There is no evidence to show that the wife was subjected to cruelty, and the allegations made by the wife have been proven to be false, as the documents provided by the husband prove that he was not present at the alleged place of occurrence of the said offense. Therefore, the criminal proceedings against the husband, mother-in-law, and sisters-in-law are hereby quashed.
Case Brief- 498A Quashing After Divorce 19.01.2023
According to the facts of this case, the marriage between the wife and her husband was solemnized on 24.01.2018 according to Hindu rites, customs, and traditions.
It is stated that on 09.12.2018 the husband, mother-in-law, and sisters-in-law went to the house of the wife and threatened her with dire consequences, and the husband and In-laws also used filthy language with the wife.
Upon this, the wife lodged an FIR at the Police Station, Jangipara for the offense punishable under Section 498A/ 406/ 504/ 506/ 34 of IPC against the husband, mother-in-law, and sisters-in-law, and on 18.12.2018 the case was registered against the husband and In-laws.
The husband, mother-in-law, and sisters-in-law have filed a revision petition for quashing the proceedings against them pending before the Magistrate Court, Hooghly.
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Arguments- 498A Quashing After Divorce 19.01.2023
The advocate appearing on behalf of the husband, mother-in-law, and sisters-in-law submitted that the prima facie documents and pieces of evidence are in favor of the husband and In-laws, and as such the entire proceeding against them is liable to be set aside.
It is also submitted that the entire story of the wife is baseless, false and the FIR has been registered by the wife only to humiliate and hamper the social life of the husband, mother-in-law, and sisters-in-law, and if the proceedings are not quashed, then the husband and In-laws shall suffer irreparable loss & injury, and it will be a miscarriage of justice.
A copy of the order dated 09.05.2022 of the family court, Nagpur, was also submitted in which a decree of divorce was granted to the husband and the wife.
Arguments- 498A Quashing After Divorce 19.01.2023
It is further submitted that on 09.12.2018 the husband was employed with the Railway at Nagpur Division, and was present on the duty in Nagpur, and it is not possible for the husband to come on the same day from Nagpur to Jangipara, Hooghly to threaten the wife.
Therefore, he prayed for the quashing of proceedings against the husband, mother-in-law, and sisters-in-law.
On the other hand, the Public Prosecutor appearing on behalf of the state produced the case diary and submitted that there are statements of the witnesses recorded under Section 161 of CrPC which support the case of the wife.
Therefore, it is prayed that the revision partition filed by the husband, mother-in-law, and sisters-in-law shall be dismissed.
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Referred Judgements- 498A Quashing After Divorce 19.01.2023
- Rajesh Sharma and Ors. Vs. State of U.P. & Anr.
- Arnesh Kumar Vs. State of Bihar and Anr.
- G.V. Rao Vs. L.H.V. Prasad & Ors.
- K. Subha Rao Vs. The State of Telangana
- Ramesh Chandra Gupta Vs. State of Uttar Pradesh and Ors.
- Vineet Kumar and Others Vs. State of Uttar Pradesh and Another
- State of Karnataka Vs. L. Muniswamy
- State of Haryana and Others Vs. Bhajan Lal and Others
- Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others
Court’s Opinion- 498A Quashing After Divorce 19.01.2023
It is stated by the court that the court agrees with the advocate appearing on behalf of the husband, mother-in-law, and sisters-in-law that it is not prima facie believable that just to threaten the wife, the husband would come to Jangipara, Hooghly on the same day when he attended his office at Nagpur, and as such it appears that the allegations against the husband and In-laws are not correct.
The court also stated that despite being allegedly threatened on 09.12.2018 by the husband and In-laws, the wife filed a case after a delay of almost 10 days on 18.12.2018.
It is further stated by the court that from the materials on record and in the case diary, it is apparent that there is no evidence to show that the wife was subjected to, cruelty of such a nature as defined under Section 498A of IPC.
Court’s Opinion- 498A Quashing After Divorce 19.01.2023
It is also stated by the court that the only allegation against the husband and In-laws is of threatening the wife, allegedly on 09.12.2018, and the absence of the husband has been proved by the documents and there is no material or evidence to show that there was any misappropriation and entrustment as required under Section 406 of IPC.
Furthermore, it is stated by the court that the allegations made by the wife have been proved to be prima facie false as the documents provided by the husband prove his presence at Nagpur, and not at the alleged place of occurrence at Jangipara, Hooghly.
It is also stated by the court that the wife has misused the provisions of law which were enacted to help the distressed wives, and the wife has clearly abused the process of law and court, and in the present case, interference is required by the court for the ends of justice.
Court’s Opinion- 498A Quashing After Divorce 19.01.2023
In view of the above discussion, the court held that the allegations made by the wife in the present case are not prima facie correct and there are general allegations against the husband and In-laws, and non-specific allegations regarding the commission of any cognizable offenses have been made against the husband, mother-in-law, and sisters-in-law.
Therefore, the FIR and the proceedings against the husband, mother-in-law, and sisters-in-law are hereby quashed.
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Conclusion- 498A Quashing After Divorce 19.01.2023
In this article, the Calcutta High Court held that there is no evidence to show that the wife was subjected to the cruelty, and the allegations made by the wife have been proved to be prima facie false as the documents provided by the husband proves that he was not present at the alleged place of occurrence of the said offense.
It was also held that the allegations made by the wife are not prima facie correct and there are general and non-specific allegations against the husband and In-laws.
Therefore, the FIR and the Proceedings against the husband, mother-in-law, and sisters-in-law are hereby quashed.
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