LATEST JUDGEMENTS ON QUASHING BY VARIOUS HIGH COURTS IN 498A/DV
- Madras High Court
Arunkumar vs The State Rep By on 30 September, 2020
CRL.O.P.No.4373 of 2020
Therefore the entire proceedings is liable to be quashed and it cannot be sustained, since no offence is made out as against the petitioner as alleged by the prosecution. There is absolutely no ingredient to prove the charges for the offences punishable under Sections 498A and 406 of IPC, as against the petitioner. The allegations made in the final report as well as the http://www.judis.nic.in CRL.O.P.No.4373 of 2020 materials collected during the investigation, even if they are taken their face value, the acceptability of their entirety do not constitute the offences punishable under Sections 498A and 406 of IPC as against the petitioner herein. Therefore, there is absolutely no possibility of conviction to the petitioner for the offences under Sections 498A and 406 of IPC. Therefore, the petitioner need not go for ordeal of trial. As such the judgments cited by the learned counsel for the second respondent are not helpful to the case of the second respondent.
The allegations made under section 498a and 506 IPC are concerned on going through the charge sheet papers, it is seen that the case of the prosecution is that two months after the marriage, wife was ill treated and harassed in the matrimonial home. the wife has not narrated any specific instance of cruelty meted out to her by the husband nor has the investigating agency collected any material to show that wife was ill treated by the husband and his family members. On the other hand material allegations are confined to the demand alleged to have been made by husband and his family were interested to get money from the wife for the purpose of expansion of business. It is highly improbable that they would subject her to cruelty. Thus, taking into consideration the facts and circumstances of the case the Hon’ble court viewed that the material on record is not sufficient to make out an offence under sections 498a and 506 IPC against the husband and the FIR has been quashed by the court.
The Hon’ble court examined the materials on record. Hon’ble court unable to find any material to make out a case under section 498a and 406 IPC read with 34 against the husband and in laws. The allegation against the husband and in laws is vague and sketchy. The hon’ble court not referred to the final particulars of the matter as it is fairly conceded by the LD. Counsel for the de facto complainant (wife) that the allegations do not make out a case for offences punishable under section 498a and 406 read with 34 IPC against the husband and in laws. And the FIR was quashed by the court.
That the case was appeared once of the a serious maladjustment in the marital life. In a marital life oof about 4 yrs. No issue was born. As usual in a dispute between husband and wife the wife has thought fit to implicate the husband and in laws. Even the Hon’ble court accept the entire case put up by the first informant, in court’s view the same would not constitute cruelty within the meaning of section 498a of IPC. The allegaions are vague and general and the FIR has been quashed by the court.
In light of the settled position of law and the fact that the application preferred by the husband and his family members do not contain any allegation as against the husband family members under the provisions of DV act, the issuance to the notice to the husband family members is totally unsustainable and it is liable to be quashed and set aside. This Hon’ble court is competent enough to invoke and apply its power under Section 482 Cr.P.C to prevent abuse process of law against the husband and his family members by the wife and in such circumstances application was allowed and the matter was quashed by the court.
6. Mayur Chetanbhai Shah vs State Of Gujarat on 2 July, 2021
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
