498A Quash Judgement 01.02.2023- Gujarat High Court – No Scope for proceedings against the Brother-in-law, FIR Quashed.
 |
| 498A Quash Judgement 01.02.2023 |
498A Quash Judgement 01.02.2023- In this article, the Gujarat High Court held that in view of the settlement by the wife, and the judgement of acquittal of the husband and mother-in-law, there exists no scope for any further proceedings against the brother-in-law in the present case, and the continuance of proceedings against the brother-in-law would lead to wastage of judicial time as there remains no possibility of any conviction. The brother-in-law had no interaction with the wife for several years, and the allegations made in the impugned FIR against him would not survive. Therefore, the criminal proceedings against the brother-in-law are hereby quashed.
Case Brief- 498A Quash Judgement 01.02.2023
According to the facts of the case, the wife filed a complaint at the Police Station, Rajkot for the offenses punishable under Sections 498A and 114 of IPC against her husband, mother-in-law, and brother-in-law, an FIR was registered by the police against the husband, mother-in-law, and brother-in-law, and a case was registered against them.
It is stated that the matter between the wife, her husband, and the mother-in-law was settled by the Civil Judge and the Magistrate, Dhoraji, and it resulted in the divorce between the wife and the husband.
The brother-in-law has filed the present application under Section 482 of CrPC to quash and set aside the FIR and the proceedings against him.
_________________________________________________
Arguments- 498A Quash Judgement 01.02.2023
The advocate appearing on behalf of the brother-in-law submitted that the brother-in-law had never resided with the wife and her husband since 2012, and the brother-in-law has his own permanent house in Mumbai, and therefore, he had no occasion to have any interaction with the wife.
It is also submitted that the wife has already settled the case with the husband and the mother-in-law, and the trial court, after observing the settlement, acquitted the husband and the mother-in-law from the case.
Therefore, he prayed for quashing the FIR and the proceedings against the brother-in-law, as no case would survive against him.
Arguments- 498A Quash Judgement 01.02.2023
On the other hand, the advocate appearing on behalf of the wife submitted that the matter is settled between the wife, her husband and the mother-in-law, which resulted in the divorce between the wife and the husband.
It is also submitted that the wife has no objection if the impugned FIR filed against the brother-in-law is quashed and set aside.
_________________________________________________
_________________________________________________
Referred Judgements- 498A Quash Judgement 01.02.2023
- Gian Singh Vs. State of Punjab and another
- State of Haryana Vs. Bhajan Lal and Others
Court’s Opinion- 498A Quash Judgement 01.02.2023
It is stated by the court that on perusal of the records of the present case it appears that the brother-in-law is staying in Mumbai, and he is having his own residential house there for many years, and therefore, the allegations made in the impugned FIR would not survive.
It is also stated by the court that it is true that certain sections of the Indian Penal Code are non-compoundable and the other sections can be compounded with the permission of the court.
The court further stated that the power of the High Court in quashing an FIR or a criminal proceeding or complaint in the exercise of its inherent jurisdiction is distinct, and it is different from the power given to the criminal courts for compounding the offenses under Section 320 of the code.
Court’s Opinion- 498A Quash Judgement 01.02.2023
The court also stated that the High Courts must consider whether it would be contrary or unfair to the interest of justice to continue with the criminal proceeding when it would be tantamount to abuse of the process of law despite compromise and settlement between the victim and the wrongdoer, and whether to secure the justice, it is appropriate that the criminal case is put to an end, and if the answer to these question is positive, then the High Court should be well within its jurisdiction to quash the proceedings.
Furthermore, the court by referring to one of the above-mentioned cases stated that if the FIR does not disclose any specific allegations against the accused person and more so against the co-accused person, especially in the matters arising out of matrimonial disputes, then it would be a clear abuse of judicial and legal process to send the accused persons to undergo the trial of the court.
It is a well-settled principle which is laid down in several cases that if the FIR does not disclose the commission of any offense, then the courts would be justified in quashing the criminal proceedings against the accused person, to prevent the abuse of process of law.
Court’s Opinion- 498A Quash Judgement 01.02.2023
It is also stated by the court that in view of the settlement arrived between the wife, her husband and the mother-in-law, and the judgement of acquittal of the husband and the mother-in-law, there exists no scope for any further proceedings in the present case, and the continuance of proceedings against the brother-in-law would lead to wastage of judicial time as there remains no possibility of any conviction in this case.
In view of the above discussion, the court held that after considering the facts of the case, and the judgement of acquittal delivered, the court is of opinion that it is a fit case where the court can exercise its inherent power under Section 482 of CrPC to secure justice.
Therefore, the present application is allowed, and the impugned FIR and the proceedings against the Brother-in-law are hereby quashed.
_________________________________________________
Conclusion- 498A Quash Judgement 01.02.2023
In this article, the Gujarat High Court held that the brother-in-law is staying in Mumbai, and he is having his own residential house there for many years, and he had no interaction with his wife for several years, and therefore, the allegations made in the impugned FIR against the brother-in-law would not survive.
It is also held that in view of the settlement by the wife, and the judgement of acquittal of the husband and the mother-in-law, there exists no scope for any further proceedings against the brother-in-law in the present case, and the continuance of proceedings against him would lead to wastage of judicial time as there remains no possibility of any conviction in this case.
Therefore, the impugned FIR and the proceedings against the Brother-in-law are hereby quashed.
Blogger Comment
Facebook Comment