498A Quash Judgement 25.01.2023- Gujarat High Court – No Commission of Offense disclosed against the Mother-in-law, FIR Quashed.
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498A Quash Judgement 25.01.2023- In this article, the Gujarat High Court held that the FIR filed by the wife does not disclose any specific allegation or any commission of an offense against the Mother-in-law. The FIR filed by the wife fails to make out a prima facie case against the mother-in-law regarding the harassment of the wife for domestic work and making the demand of dowry. Therefore, the criminal proceedings against the Mother-in-law are hereby quashed.
Case Brief- 498A Quash Judgement 25.01.2023
According to the facts mentioned in the complaint filed by the wife, after the marriage between the wife and the husband, the wife started living with her husband separately from her mother-in-law, and sister-in-law and the husband of the wife is an advocate.
It is stated that whenever the wife used to come to visit her parental home, she was harassed by the mother-in-law, and sister-in-law and they used to instigate the husband to ask the wife for one-fourth share from the wife’s father's property and bring that as a dowry, and the mother-in-law along with sister-in-law used to harass the wife for domestic work.
It is also stated that five months prior to the filing of the complaint by the wife, the husband, and sister-in-law removed the wife from her matrimonial house by asking the wife to bring one-fourth share from her father’s house and the wife has alleged that she had given Rs. Seventy Thousand to the husband, and Rs. Thirty Thousand to her father-in-law, and in spite of that the husband, mother-in-law, and sister-in-law were demanding more dowry from her.
Case Brief- 498A Quash Judgement 25.01.2023
It is further stated that one day the parents-in-law and the husband came to the parental house of the wife, abused her, quarreled with her, and threatened the wife to not return to her matrimonial home without taking one-fourth share of her father’s property.
Upon this, on the very same day, the wife filed a complaint at the police station, and an FIR was registered for the offenses punishable under Sections 498A and 114 of IPC as well as Sections 3 and 7 of the Dowry Prohibition Act against the Mother-in-law.
The Mother-in-law has filed an application under Section 482 of CrPC for quashing the FIR, and to terminate all subsequent proceedings in connection with the FIR against her.
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Arguments- 498A Quash Judgement 25.01.2023
The advocate appearing on behalf of the Mother-in-law submitted that the facts of this case reflect that the matrimonial life of the wife is of more than 12 years, and the allegations made by the wife that she was harassed for domestic work are false as no such specific allegations are found in the FIR suggesting any details of harassment which could fall under the definition of cruelty as defined under section 498A of IPC.
It is also submitted that the fact of asking the wife for her share from her parental house does not constitute an offense, and cannot be considered an act of cruelty, and asking for the share in the property of the father of the wife does not fall as unlawful demand as the law provides for the share of the daughters also in the ancestral properties.
It is further submitted that the wife has not specified in what form she was harassed by the mother-in-law for the share in the property of her father, and how the mother-in-law would have influenced the wife for meeting such demand.
Arguments- 498A Quash Judgement 25.01.2023
It is also submitted that the allegations of harassment made by the wife against the mother-in-law do not create any proximate link of accusing cruelty for the demands of dowry, and the offense also does not fall within the statutory limit of drawing the inference of any cruelty, as the matrimonial life of the wife is of more than 12 years.
Therefore, he prayed for quashing the FIR, and to terminate all subsequent proceedings in connection with the FIR against the mother-in-law.
On the other hand, the Additional Public Prosecutor appearing on behalf of the state submitted that the present case is of dowry demand, and it should be viewed very seriously, and the court shall not exercise discretion against the mother-in-law.
Therefore, it is prayed that the application filed by the mother-in-law shall be dismissed.
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Referred Judgements- 498A Quash Judgement 25.01.2023
- G.V. Rao Vs. L.H.V. Prasad
- State of Haryana Vs. Bhajan Lal & Ors.
Court’s Opinion- 498A Quash Judgement 25.01.2023
It is stated by the court that in one of the above-mentioned cases, the Hon’ble Supreme court has held that if the FIR does not disclose any specific allegation against the accused person in the matter arising out of a matrimonial dispute, then it would be a clear abuse of legal and judicial process to send the accused person to undergo the trail.
The Courts are expected to exercise a cautious approach in matters of quashing, especially in matrimonial disputes cases, and should check whether the FIR discloses the commission of an offense by the relatives of the main accused person or the FIR prima facie discloses an over-implicating case by involving the entire family members of the accused person at the instance of the person who filed the complaint and is out to settle the scores arising out of small domestic bickering while settling down in the new matrimonial surrounding.
It has also been held that it is the legal duty of the High Court to examine whether there is any prima facie material against the accused persons so that the accused persons can be directed to undergo the trial.
Court’s Opinion- 498A Quash Judgement 25.01.2023
Furthermore, It has also been held that it is left to the High Courts to consider and decide whether the case is a fit case to send the accused person for trial when the FIR failed to make out a prima facie case against the accused persons regarding the allegation of inflicting physical and mental torture to the person who filed the complaint by demanding dowry from the said person.
It is a well-settled principle of law that if the FIR does not disclose the commission of an offense, then the court would be justified in quashing the proceedings to prevent the abuse of the process of the law.
It is also stated by the court that in another one of the above-mentioned cases, the Hon’ble Supreme Court has held that the High Court should quash the complaints arising out of the matrimonial disputes in which all the family members are roped into the matrimonial litigation.
Court’s Opinion- 498A Quash Judgement 25.01.2023
It has also been held that when the little matrimonial disputes erupt into serious proportions resulting in the commissions of serious and heinous crimes in which the elder members of the family are also roped in, it results in the people involved in the case who could have counseled and could have brought rapprochement are rendered helpless as they are arrayed as an accused in a criminal case.
In view of the above discussion, the court held that in view of the reasons given, observations made, and taking the facts and circumstances into consideration in the present case, the impugned FIR and the subsequent proceedings against the mother-in-law are required to be quashed and set aside.
Therefore, the FIR, and all subsequent proceedings in connection with the FIR against the mother-in-law, are hereby quashed.
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Conclusion- 498A Quash Judgement 25.01.2023
In this article, the Gujarat High Court held that the FIR does not disclose any specific allegation against the mother-in-law in the matter arising out of a matrimonial dispute, and it would be a clear abuse of legal and judicial process to send the mother-in-law to undergo the trail.
It is also held that the FIR filed by the wife does not disclose the commission of an offense, and the court is justified in quashing the proceedings against the mother-in-law to prevent the abuse of the process of the law.
Therefore, the FIR, and all subsequent proceedings in connection with the FIR against the mother-in-law, are hereby quashed.
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