498A Quash Judgement 30.01.2023- Gujarat High Court – False Allegations against the Husband and Six In-laws, FIR Quashed.
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| 498A Quash Judgement 30.01.2023 |
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498A Quash Judgement 30.01.2023- In this article, the Gujarat High Court held that the FIR filed by the wife does not show any physical harassment or mental abuse of the wife or any dowry demand made by the husband and six In-laws. The FIR filed by the wife appears to be a pressure on the husband and In-laws, and the wife has not sustained any injury involving any mental depravity, therefore the continuance of the proceedings against the husband and In-laws would lead to the wastage of judicial time. Therefore, the criminal proceedings against the husband and six In-laws are hereby quashed.
Case Brief- 498A Quash Judgement 30.01.2023
According to the facts of this case, after the marriage between the wife and the husband, the wife disclosed the fact to the husband that she never wanted to reside with the husband and his family.
It is stated that the wife left her husband and In-laws and requested the husband to release her from the marriage, and on 15.04.2019 the wife sent a written letter to the husband in which she stated that the marriage was against her wish, and even after the marriage, the wife had no interest to carry the matrimonial relationship, and she wanted to settle with some other person.
The wife also stated that she has on her own will release herself from the marriage, and the wife also admitted to having received Rs 4500 as Mehar amount on the date of marriage, and the husband has also given consent to the wife’s request by way of the communication dated 03.06.2019.
Case Brief- 498A Quash Judgement 30.01.2023
It is also stated that the wife filed a complaint at the police station against the husband and In-laws, and later in presence of the representatives of the community and other family members of the husband, a settlement was drawn and the parents-in-law and other In-laws settled the matter with the wife, and also permitted the wife to stay in her matrimonial house.
Later, the wife lodged an FIR at the police station, district Sabarkantha, for the offenses punishable under Sections 498A, 323, 504, 506(2), and 114 of IPC against the husband, parents-in-law, and four other In-laws.
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Arguments- 498A Quash Judgement 30.01.2023
The advocate appearing on behalf of the husband and six In-laws submitted that the wife never resided with the husband even at the time of lodging the complaint, and after the settlement, and the husband never resided with the wife even when all other family members of the husband accepted the wife and allowed her to stay in her matrimonial house.
It is also submitted that the husband did not have cordial relations with his parents and left the parental home, and even though the wife was given shelter by the parents-in-law, then also the wife without any reason and rhyme has filed the FIR against the husband and In-laws alleging of dowry demand.
It is further submitted that if the wife has any issue, she could have brought it to the notice of the representatives of the community members who have earlier settled the dispute between the wife, the husband, and the In-laws, and without any cause and giving any detail, the FIR has been filed by the wife alleging that the parents-in-law were physically harassing her, and used to abuse her, stating that she did not bring any jewelry from her parents, and removed her from her matrimonial home.
Arguments- 498A Quash Judgement 30.01.2023
It is also submitted that the FIR is false, it is a pressure tactic, and appears to be the misuse of the provision of the law, done by the wife.
Therefore, he prayed for quashing and setting aside the FIR, and the Proceedings against the husband, and six In-laws.
On the other hand, the advocate appearing on behalf of the wife submitted that there is a consistent view of the Hon’ble Supreme Court and the present court that in such matters, the husband shall be prosecuted.
Arguments- 498A Quash Judgement 30.01.2023
The Public prosecutor appearing on behalf of the State submitted that any FIR should be quashed in accordance with the guidelines of the Hon’ble Supreme Court and the parameters laid down therein.
Therefore, it is prayed that the petition filed by the husband and six In-laws shall be dismissed.
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Referred Judgements- 498A Quash Judgement 30.01.2023
- G.V. Rao Vs. L.H.V. Prasad
- State of Haryana Vs. Bhajan Lal and Others
Court’s Opinion- 498A Quash Judgement 30.01.2023
It is stated by the court that the FIR filed by the wife suggests that only on the settlement before the representatives of the community and the family members of the husband, the wife was permitted to stay in her matrimonial house, and the husband was not residing with the wife.
It is also stated by the court that the allegations made by the wife regarding dowry demand appear to be gotten up, since the communication dated 15.04.2019 between the wife and the husband does not suggest any dowry articles, rather the wife has admitted about the Mehar amount which she has received in cash, and the husband has also replied to the letter sent by the wife, and accepted to release the wife from the marriage.
It is further stated by the court that when the parents-in-law and other In-laws gathered for the settlement, the husband was not present there, and further a public notice was given by the father-in-law on 17.07.2019 informing that the husband is not under their obedience, and he was disowned from the family.
Court’s Opinion- 498A Quash Judgement 30.01.2023
It is also stated by the court that in the present case, the FIR filed by the wife appears to be a pressure on the In-laws where the parents-in-law had helped the wife settle the issue and given her shelter.
The communication between the wife and the husband suggests that there are internal disputes between both of them, where the wife had no desire to continue her matrimonial life with the husband, and the husband had accepted her request of ending the marriage, on the other hand, the husband did not have cordial relations with his parents.
Furthermore, the court stated that the detail of any dowry demand or any physical harassment is not reflected in the FIR, and if any injury sustained by the wife does not involve any mental depravity, nor it amounts to a heinous crime, then the continuance of the proceedings would lead to the wastage of court’s time as there would remain no possibility of any conviction of the accused.
Court’s Opinion- 498A Quash Judgement 30.01.2023
The court also stated that it is a fit case where the court can exercise its inherent powers under Section 482 of CrPC for securing the ends of the justice.
In view of the above, discussion, the court held that after taking all the facts and circumstances of the case into consideration, the petition filed by the husband and six In-laws is allowed, and the FIR and the proceedings against the husband and six In-laws are hereby quashed and set aside.
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Conclusion- 498A Quash Judgement 30.01.2023
In this article, the Gujarat High Court held that the husband was not residing with the wife, the FIR filed by the wife appears to be a pressure on the husband and In-laws, and it does not show any physical harassment or mental abuse of the wife or any dowry demand made by the husband and six In-laws.
It is also held that the wife has not sustained any injury involving any mental depravity, and the continuance of the proceedings against the husband and In-laws would lead to the wastage of the court’s time, as there would remain no possibility of any conviction.
Therefore, the FIR and the proceedings against the husband and six In-laws are hereby quashed.
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