498A Quash after Chargesheet 01.03.2023-No Substance in the allegations and No Material exists against the Husband and Five In-laws, Case Quashed.
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498A Quash after Chargesheet 01.03.2023- In this article, the Calcutta High Court held that the materials in the case diary and the chargesheet do not prima facie make out a case of cognizable offense against the husband and In-laws, and there is no material available in the present case to show the cruelty as defined under Section 498A of IPC was inflicted upon the wife by them. There is no substance in the allegations made by the wife in her petition of complaint and no material exists to prima facie make out a case against them, and there are no materials for the proceedings against them. Therefore, the entire criminal proceedings against the husband and In-laws are hereby quashed.
Case Brief- 498A Quash after Chargesheet 01.03.2023
According to the facts of this case, the marriage between the wife and her husband was solemnized on 19.02.1995 as per Hindu rites, customs, and traditions, but after the marriage, several disputes cropped up between the husband and the wife.
It is stated that several disputes resulted in the filing of a series of legal proceedings by both husband and the wife against each other and their family members, and since 2015 the wife and the husband are living separately at their respective residences, however, the husband and the wife mutually decided to settle their disputes permanently.
It is also stated that in June 2015, the wife started to live with her parents, and on 24.03.2019, the husband and In-laws came to the wife’s house and started assaulting her, using slang and abusive language.
Case Brief- 498A Quash after Chargesheet 01.03.2023
Later, the wife submitted a petition of complaint dated 10.04.2019 under Section 156(3) of CrPC before the Additional Chief Judicial Magistrate, Durgapur, against her husband and In-laws, and as per the directions passed by the Magistrate, the criminal proceedings were initiated by the Police Station on 22.05.2019 under Section 498A/ 406/ 34 of IPC against the husband, mother-in-law, three brothers-in-law, and one married sister-in-law.
It is further stated that the investigating agency submitted the impugned chargesheet dated 31.08.2019 against the husband and In-laws in connection with the present case under Section 498A/ 406/ 34 of IPC.
Upon this, the husband and five In-laws have filed the present revision petition for quashing the chargesheet dated 31.08.2019 and the entire proceedings against them.
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Arguments- 498A Quash after Chargesheet 01.03.2023
The advocate appearing on behalf of the husband and In-laws submitted that the husband and the wife had both mutually decided to settle their disputes and to that effect, they both entered into an agreement in writing thereby inter alia resolving that the husband and the wife would apply for mutual divorce, and the husband would pay Rs. Eight Lakhs to the wife as permanent alimony in two installments.
It is also submitted that it was agreed between the husband and the wife that both of them would withdraw all the pending cases between them and their family members including the instant criminal proceedings against the husband and In-laws, and they both have filed an application for mutual divorce under Section 13B of the Hindu Marriage Act, 1955 in the District court.
It is further submitted that in view of the amicable settlement arrived between the husband and the wife, the pendency of the instant criminal proceedings is redundant as it would be apparent that the wife has filed the petition of complaint out of misunderstanding, and that the husband and In-laws are not guilty of commission of any offense which requires them to stand trial in connection with the instant proceedings which would result in the miscarriage of justice.
Arguments- 498A Quash after Chargesheet 01.03.2023
It is also submitted that this is a fit case for the court to invoke its inherent power conferred upon this Hon’ble court under Section 482 of CrPC, and to prevent misuse of the process of law and to secure the ends of justice.
Therefore, he prayed for quashing the chargesheet dated 31.08.2019 and instant criminal proceedings against the husband and five In-laws.
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Referred Judgements- 498A Quash after Chargesheet 01.03.2023
- 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. State of Telangana
- Ramesh Chandra Gupta Vs. State of U.P. and 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
- Prakash Singh Badal Vs. State of Punjab
Court’s Opinion- 498A Quash after Chargesheet 01.03.2023
It is stated by the court that the wife returned to her parent's house in 2015, and no complaint was filed from 2015 to 2019, and according to the present case only one incident took place on 24.03.2019, that is the husband and In-laws came to the wife’s house and assaulted her and used slang language, but the present case has been filed without attaching any medical papers to substantiate the allegation of assault.
It is also stated that in the case of section 498A, the high court can quash the proceedings if the court is convinced that the accused person is innocent and is falsely implicated, and it can also be done if the ingredients of the alleged offense are not proved, and in the present case there is no material to show that cruelty, as defined in Section 498A of IPC, was inflicted upon the wife.
By referring to one of the above-mentioned cases, the court stated that Section 498A was inserted with the object of punishing cruelty at the hands of the husband or his relatives against the wife, especially when such cruelty could result in the suicide or murder of the woman. But most of the complaints under this section are filed in the heat of the moment over trivial issues, and many of the complaints are not bona fide, and at the time of filing of the complaint, implications, and consequences are not seen by the person filing the complaint, and it results in uncalled harassment not only to the accused person but also to the person who filed the complaint, and uncalled arrest can ruin the chances of settlement.
Court’s Opinion- 498A Quash after Chargesheet 01.03.2023
It is further stated by the court that upon consideration of relevant circumstances and in absence of any specific role attributed to the accused person, it would be unjust if the accused is forced to go through the trial, and a criminal trial leading to an eventual acquittal also inflicts several severe scars upon the accused person, and such exercise must be discouraged.
Furthermore, it is stated by the court that the materials in the case diary and the chargesheet do not prima facie make out a case of cognizable offense against the husband and In-laws, and there are no materials for proceedings against them towards the trial and the present case is a fit case where the inherent powers of the court can be exercised.
In view of the above discussion, the court held that the ultimate test is whether the allegations have any substance, and in the present case there is no substance in the allegations and no material exists to prima facie make out a case against the husband and In-laws, and so the proceedings in the present case should be quashed in the interest of justice.
Therefore, the petition is allowed and the proceedings against the Husband and Five In-laws are hereby quashed.
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Conclusion- 498A Quash after Chargesheet 01.03.2023
In this article, the Calcutta High Court held that there is no material available in the present case to show the cruelty as defined under Section 498A of IPC was inflicted upon the wife by the husband and In-laws, and the materials in the case diary and the chargesheet do not prima facie make out a case of cognizable offense against the husband and In-laws.
It is also held that there are no materials for the proceedings against the husband and In-laws, there is no substance in the allegations made by the wife in her petition of complaint and no material exists to prima facie make out a case against them.
Therefore, the proceedings against the Husband and Five In-laws are hereby quashed.
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