498A Quash Judgement 24.01.2023- Calcutta High Court – General Allegations against the Husband and Parents-in-law, Chargesheet Quashed.
 |
| 498A Quash Judgement 24.01.2023 |
498A Quash Judgement 24.01.2023- In this article, the Calcutta High Court held that there are no materials available in the case against the husband and parents-in-law for the alleged offense, and the allegations made by the wife are general in nature. The facts and circumstances mentioned in the case diary and chargesheet do not make out a prima facie case of any cognizable offense against the husband and parents-in-law, and the present case has been filed only with the intention to harass the husband and parents-in-law. Therefore, the criminal proceedings against the husband and parents-in-law are hereby quashed.
Case Brief- 498A Quash Judgement 24.01.2023
According to the facts of this case, the marriage between the wife and her husband was solemnized on 02.07.2006, and after the marriage, the wife started to reside in her matrimonial home with her husband and parents-in-law.
It is stated that from the very first day after the marriage, the wife used to keep all the gifts received by the husband and parents-in-law, and other ornaments & articles of value belonging to the husband and parents-in-law in an almirah under the lock and key, and the keys were always in the wife possession.
It is also stated that the husband and parents-in-law allowed the wife to have unrestricted access to all the documents of bank accounts, atm cards with security pins, deeds of the house, and all the ornaments kept in the almirah.
Case Brief- 498A Quash Judgement 24.01.2023
It is further stated that the wife continually since her marriage treated the husband and parents-in-law with the utmost cruelty, and later the wife and her husband were blessed with two children, one son, and one daughter, and the wife continued her misbehavior with the husband and parents-in-law.
It is also stated that the wife raised petty issues on a daily basis which caused mental strain and unrest within the family, however for the sake of the husband, the parents-in-law overlooked such acts and conduct and treated the wife as their own daughter with care and affection, hoping that the wife will understand their love and trust for her, and she will start respecting them.
Furthermore, it is stated that in the year 2016, the wife expressed her desire to open a school for small children with the intention to achieve a successful professional carrier, and the husband and parents-in-law willingly encouraged the wife and supported her mentally and financially and invested a substantial sum of money in opening of the school, and also purchased a property in Kolkata.
Case Brief- 498A Quash Judgement 24.01.2023
It is also stated that the husband and parents-in-law also took financial assistance from the bank and the wife was inducted as one of the co-owner of that property, and the husband and parents-in-law always stood by the wife to support her zeal of opening the school.
It is further stated that due to the neglectful behavior of the wife, the husband and parents-in-law used to take care of the children for their daily requirements and fulfilled all the requirements which children generally depend upon their mother.
It is also stated that the husband and parents-in-law tried really hard to reconcile differences and to make the wife understand, but all the efforts went in vain when the wife left her matrimonial home along with the children without intimating the husband and parents-in-law and went to her paternal house on 29.09.2018.
Case Brief- 498A Quash Judgement 24.01.2023
Later on 01.10.2018 the wife with her elder brother came to her matrimonial home and started shouting at top of her voice, threatening the husband and parents-in-law that she has several connections with some influential people and if the husband and parents-in-law will not transfer all the properties in her name, then they will have to face severe consequences.
Upon this, the husband and parents-in-law went to the police station and filed a complaint on 13.10.2018 against the wife, and came to learn the fact that the wife already had filed an FIR dated 11.10.2018 against the husband and parents-in-law and a case was registered under the Section 498A of IPC against the husband and parents-in-law, and the case is pending before the Magistrate.
The husband and parents-in-law submitted that the entire alleged incident is false and frivolous, and the case is registered to put them under duress, and on 28.10.2018, the wife requested the investigation agency not to proceed with the case by sending a letter as the wife wanted to settle the dispute.
Case Brief- 498A Quash Judgement 24.01.2023
When the investigation was completed, the police on the basis of the complaint filed by the wife and the two statements recorded on 11.10.2018, submitted a chargesheet dated 15.01.2019 under Section 498A of IPC against the husband and parents-in-law.
Upon this, the husband and parents-in-law have filed a revisional application for quashing the proceedings and the chargesheet dated 15.01.2019 against them.
_________________________________________________
Arguments- 498A Quash Judgement 24.01.2023
The advocate appearing on behalf of the husband and parents-in-law submitted that the FIR filed by the wife read with the statements of the witnesses in comparison with the law backdrop, the instant proceedings are not maintainable either in facts or in law as no prima facie case has been made out against the husband and parents-in-law.
It is also submitted that the written complaint subsequently treated as FIR filed by the wife does not cast any specific act of cruelty as defined by section 498A of IPC in any manner, and thus the cognizance taken by the Magistrate is not of any merit and substance.
It is further submitted that the chargesheet dated 15.01.2019 contains the statement of the brother of the wife and the statement of the father of the wife along with the statements of the wife, and these all statements altogether do not attribute to any of the ingredients of section 498A of IPC in any manner.
Arguments- 498A Quash Judgement 24.01.2023
It is also submitted that the blatant allegations spelled out by the wife along with the two bald statements of her brother and father recorded under Section 161 of CrPC lack specific complaint of any cognizable offense, and the impugned proceeding is utterly bad in law, and the same is liable to be quashed.
Therefore, he prayed for the quashing of the proceedings and the chargesheet against the husband and parents-in-law.
On the other hand, the advocate appearing on behalf of the state submitted the case diary before the court, which contains only two statements under section 161 of CrPC other than the statements of the wife, which are of her brother and her father.
Therefore, it is prayed that the revisional application filed by the husband and parents-in-law shall be dismissed.
_________________________________________________
______________________________________
Referred Judgements- 498A Quash Judgement 24.01.2023
- 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 U.P. & Ors.
- Vineet Kumar and Others Vs. State of U.P. and Another
- State of Karnataka Vs. L. Muniswamy
- State of Haryana Vs. Bhajan Lal
- Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and others
- State of Maharashtra Vs. Salman Salim Khan
- Prakash Singh Badal Vs. State of Punjab
Court’s Opinion- 498A Quash Judgement 24.01.2023
It is stated by the court that in the present case, the court perused the materials on record, including the case diary which contains only two statements under Section 161 of CrPC other than the statement of the wife, and those statements are of the brother and father of the wife.
It is also stated that the wife changed her mind and thought of resolving the dispute within 17 days of the filing of the complaint, which gives the impression that the wife had filed the complaint in the heat of the moment, and the first complaint filed by the wife against her husband and parents-in-law is after 16 years of the marriage.
It is further stated that the wife stated in her letter that the police should stop the investigation for some time and the wife will update the police as to how the matter will proceed, and no further update was given by the wife to the police regarding any further development or settlement.
Court’s Opinion- 498A Quash Judgement 24.01.2023
The court also stated that the complaint was filed on 11.10.2018 and the chargesheet was submitted on 15.01.2019, and there was absolutely no development in the investigation between the said dates.
The court further stated that there is absolutely no other material in the case diary against the husband and parents-in-law for the alleged offense, and the allegations made by the wife are general in nature.
Furthermore, the court stated that there are no allegations under Section 406 of IPC, and it supports the case of the husband and parents-in-law that the wife and her brother have taken away all the wife’s articles from her matrimonial house.
Court’s Opinion- 498A Quash Judgement 24.01.2023
The court also stated that the allegations in the written complaint are general in nature, and all the allegations seem without any basis, and it seems that the present case has been filed only with the intention to harass the husband and parents-in-law.
It is further stated by the court that the facts and circumstances mentioned in the case diary and chargesheet do not make out a prima facie case of any cognizable offense against the husband and parents-in-law, and there are no materials available for the proceeding against the husband and parents-in-law towards the trial, and the present case is fit for exercising the inherent powers of the court.
In view of the above discussion, the court held that there is no substance in the allegations made by the wife, and no material exists to make out a prima facie complicity of the husband and parents-in-law in a cognizable offense.
Therefore, a revision application is allowed, and the proceedings and the chargesheet dated 15.01.2019 against the husband and parents-in-law are hereby quashed.
_________________________________________________
Conclusion- 498A Quash Judgement 24.01.2023
In this article, the Calcutta High Court held that there are no materials against the husband and parents-in-law, and the present case has been filed only with the intention to harass the husband and parents-in-law.
It is also held that the allegations in the written complaint are general in nature, all the allegations seem without any basis, there is no substance in the allegations made by the wife, and no material exists to make out a prima facie complicity of the husband and parents-in-law in a cognizable offense.
Therefore, the proceedings and the chargesheet dated 15.01.2019 against the husband and parents-in-law are hereby quashed.
Blogger Comment
Facebook Comment