498A Quash Judgement by Supreme Court—K. Subba Rao vs. State Of Telangana-Omnibus Allegations against Maternal Uncles of husband, Proceeding Quashed.
498A Quash Judgement by Supreme Court – In this article, the Supreme Court of India held that there are omnibus and general allegations made in the complaint filed by the wife against the maternal uncles of the husband, and a prima facie case is not being made against them for the proceedings under Sections 498A, 120B, 420 and 365 of IPC against them. The criminal proceedings are interdicted by the supreme court at the stage when there is an abuse of process of the court, and to secure the ends of the justice, the courts should be careful during the proceedings against distant relatives, and family members of the husband in crimes related to dowry deaths and matrimonial disputes. Therefore, the criminal proceedings against the Maternal Uncles of the husband are hereby quashed.
Case Brief- 498A Quash Judgement by Supreme Court
According to the facts mentioned in the complaint filed by the wife, the marriage between the husband and the wife was solemnized on 08.12.2008, and after the marriage, both husband and wife were mostly residing in the United States of America.
It is stated that there was a marital discord between the wife and the husband, and the maternal uncles and other family members of the husband supported the husband.
It is also stated that the demand of dowry was made to the wife, and she was physically and mentally tortured by the husband, and the maternal uncles and other family members of the husband also conspired with the husband to kidnap the child from the custody of the wife and took the child away to the United States of America.
Case Brief- 498A Quash Judgement by Supreme Court
Upon this, the wife filed a complaint at the police station, district Hyderabad on 20.12.2015 against her husband, In-laws, and maternal Uncles of her husband alleging that they harassed the wife and kidnapped her son from her custody, and on the basis of the complaint, an FIR was registered under Section 498A, 120B, 420, 365 of IPC at the Police Station on the same day.
Later, the Maternal Uncles of the husband filed a petition before the High Court under Section 482 of CrPC for quashing the proceedings, and the complaint filed by the wife, but the High Court dismissed the petition by its judgement dated 22.01.2016.
The Police were directed not to arrest the maternal uncles of the husband till the completion of the investigation, and after the completion of the investigation, a chargesheet dated 12.03.2017, and a supplementary chargesheet dated 20.12.2017 were filed under Sections 498A, 120B, 420, 365 of IPC against the husband, In-laws, and maternal uncles of the husband by the high court after disposal of the case.
Aggrieved by the judgement of the High Court by which the petition under Section 482 of CrPC filed by the maternal uncles was dismissed, then the maternal uncles of the husband have filed the present appeal petition for quashing the proceedings and the FIR against them.
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Arguments- 498A Quash Judgement by Supreme Court
The advocate appearing on behalf of the maternal uncles submitted that upon perusal of the chargesheet, it discloses the fact that except for the bald statement of supporting the husband who was harassing the wife for dowry and conspiring with the husband for taking away his child to the United States of America, there is nothing else indicating that the maternal uncles were involved in the alleged crime.
Therefore, he prayed for the quashing of the proceedings and the FIR against the maternal uncles of the husband.
On the other hand, the advocate appearing on behalf of the wife submitted that certain documents belonging to the wife were seized from the maternal uncles, which would show their active involvement in the kidnapping of the wife’s child.
Therefore, it is prayed that the petition filed by the maternal uncles shall be dismissed.
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Referred Judgements- 498A Quash Judgement by Supreme Court
- State of Haryana Vs. Bhajan Lal
- Kans Raj Vs. State of Punjab & Ors.
- Kailash Chandra Agrawal and Anr. Vs. State of Uttar Pradesh & Ors.
Court’s Opinion- 498A Quash Judgement by Supreme Court
It is stated by the court that criminal proceedings are not normally interdicted by the supreme court at this stage unless there is an abuse of process of the court, and at the same time, the supreme court does not hesitate to interfere to secure the ends of the justice.
It is also stated that the courts should be careful during the proceedings against the distant relatives, and family members of the husband in crimes related to dowry deaths and matrimonial disputes, and the relatives and family members of the husband should not be roped in such cases on the basis of omnibus allegations unless there are some specific instances of their involvement are made out in the crime.
In view of the above discussion, the court held that on an overall consideration of the contents of the chargesheet dated 12.03.2017, supplementary chargesheet dated 2012.2017, and the submissions made on behalf of the wife, the court is of the opinion that the maternal uncles of the husband are not the immediate family members of the husband, and a prima facie case is not being made against them for the proceedings under Sections 498A, 120B, 420 and 365 of IPC.
Therefore, the appeal petition is allowed, and the proceedings against the maternal uncles of the husband are hereby quashed.
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Conclusion- 498A Quash Judgement by Supreme Court
In this article, the Supreme Court of India held that the courts should be careful during the proceedings against the distant relatives, and family members of the husband in crimes related to dowry deaths and matrimonial disputes, and they should not be roped in such cases on the basis of omnibus allegations.
It is also held that the maternal uncles of the husband are not the immediate family members of the husband, there are only omnibus and general allegations made in the complaint filed by the wife against the maternal uncles of the husband, and a prima facie case is not being made against them.
Therefore, the proceedings against the Maternal Uncles of the husband are hereby quashed.
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