498A Quash after chargesheet 14.02.2023- Karnataka High Court – No Specific Allegations against the Children of the husband from the first marriage, F.I.R. Quashed.
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498A Quash after chargesheet 14.02.2023- In this article, the Karnataka High Court held that there are no specific allegations against the husband's children from the first marriage, and there is nothing that shows that how the children have contributed to the alleged physical and mental harassment of the wife. The court also held that the allegations against the children of the husband are vague in nature in the form of chargesheet and witnesses, and the present pending criminal case against them is liable to be terminated. Therefore, the criminal proceedings against the children of the husband are hereby quashed.
Case Brief- 498A Quash after chargesheet 14.02.2023
According to the facts mentioned in the complaint filed by the wife, the marriage between the wife and her husband was solemnized on 08.04.2006, and after the marriage, the wife started living in her matrimonial home with her husband and his children.
It is stated that after the marriage, the husband and his children started harassing the wife by saying that she is not good-looking and does not know how to manage the household work.
It is also stated that the husband and his children also taunted and harassed the wife by saying that she did not bring a proper dowry amount and did not give a car to them, and the husband and children demanded a car and additional gold from the wife.
Case Brief- 498A Quash after chargesheet 14.02.2023
Upon this, the wife filed a complaint dated 03.01.2021 at the police station for the offense punishable under sections 498A read with section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act. 1961 against the husband and his children.
The complaint was transferred to the Women Police Station, which registered a case against the husband and his children, and after the investigation, a chargesheet was filed against them, and later, the Magistrate took cognizance of the offense and started to proceed with the criminal case against the husband and his children.
The children of the husband have filed the present petition under Section 482 of CrPC to quash the proceedings and the chargesheet filed against them.
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Arguments- 498A Quash after chargesheet 14.02.2023
The advocate appearing on behalf of the children submitted that the wife's registration of a complaint against the children is illegal, and arbitrary and amounts to abuse of the process of courts and the law.
It is also submitted that the allegations against the children are common and omnibus, and the allegations regarding assault and demand of dowry are quite vague and are wild in nature, and the particular dates on which the incidents related to dowry demand took place are not disclosed by the wife.
It is further submitted that the perusal of the chargesheet and the statements of the witnesses clearly reveal that the neighbors, who were acquainted with the facts of this case, their statements were not recorded which proves that no such incident of assault, harassment, and demand of dowry took place.
Arguments- 498A Quash after chargesheet 14.02.2023
It is also submitted that the wife has implicated all the family members, and the allegations made against them are only some general and sweeping allegations, and because of the false case filed by the wife, the future and career of the children are at stake which is an abuse of process of law and will result in the miscarriage of justice.
Furthermore, it is submitted that the husband and the wife have appeared before the trial court, and have settled the matter by filing a compromise petition, and the wife has withdrawn her petition filed under the DV Act, and she is also ready to compromise the issue in the present case, therefore the entire proceedings against the children of the husband are liable to be quashed.
It is also submitted that even if the alleged allegations constitute an offense, then also there is no legal evidence collected against the children, and the proceedings initiated against them are not only unfair and unjust, but it is also not a proper use of the process of law.
Arguments- 498A Quash after chargesheet 14.02.2023
It is further submitted that it is the second marriage of the husband, and the children of the husband are from his first wife, and in the present case, the children do not have any role to play in the alleged ill-treatment of the wife.
Therefore, he prayed for quashing the proceedings and the chargesheet against the children.
On the other hand, the advocates appearing on behalf of the state and the wife submitted that the investigating agency has collected sufficient materials to rope in the children of the husband also in the present case.
Arguments- 498A Quash after chargesheet 14.02.2023
It is also submitted that the court having regard to the scope of section 482 of CrPC cannot hold a mini-trial to find out whether the children of the husband had any role in the alleged harassment of the wife or not.
It is further submitted that the investigation agency has collected prima facie materials which will establish the nexus between the alleged harassment imparted to the wife.
Therefore, it is prayed that the petition filed by the children shall be dismissed.
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Referred Judgements- 498A Quash after chargesheet 14.02.2023
- Geeta Mehrotra Vs. State of U.P.
- K. Subha Rao Vs. The State of Telangana
- G.V. Rao Vs. L.H.V. Prasad
- Inder Mohan Goswami & Another Vs. State of Uttaranchal & Others
Court’s Opinion- 498A Quash after chargesheet 14.02.2023
It is stated by the court that upon perusal of the materials on record, it is seen that the children of the husband are a son of 29 years and a daughter of 23 years, and both the children were born through the first wife of the husband, and after the death of the first wife, the husband married the present wife.
It is also stated by the court that after the death of the husband’s first wife, the husband married another girl and there is a matrimonial proceeding pending, and suppressing the said marriage, the husband is said to have married other 3–4 persons including the present wife, and therefore, it sought for action against the husband.
It is further stated by the court that the materials available from the chargesheet filed by the police after investigating the matter show that there are no specific allegations against the children of the husband, and there is nothing which shows that how the children have contributed to the alleged physical and mental harassment of the wife.
Court’s Opinion- 498A Quash after chargesheet 14.02.2023
Furthermore, it is stated by the court that the husband has married several people including the present wife, and how the children of the husband who are adults are responsible for the same is a question that has to be looked into in the present case.
The allegations against the children of the husband are vague in nature in the form of chargesheet and witnesses, and the children had no role in the action of the husband of marrying a number of people.
In view of the above discussion, the court held that the proceedings against the children of the husband in the present pending criminal case need to be terminated by quashing the chargesheet filed against them by exercising the power under Section 482 of CrPC.
Therefore, the petition filed by the children of the husband is allowed, and the proceedings against them are hereby quashed.
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Conclusion- 498A Quash after chargesheet 14.02.2023
In this article, the Karnataka High Court held that the allegations against the children of the husband are vague in nature in the form of chargesheet and witnesses, and the children had no role in the alleged physical and mental harassment of the wife.
It is also held that there are no specific allegations against the children of the husband, and there is nothing that shows how the children have contributed to the alleged physical and mental harassment of the wife.
Therefore, the FIR and the Proceedings against the Children of the husband are hereby quashed.
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