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True Colors of a Vile Wife

Tag: CrPC 482 – Charge Sheet Quashed

Rajan and Anr Vs The State of Madhya Pradesh and Anr on 17 Aug 2023

Posted on August 20 by ShadesOfKnife

A single judge at Indore Bench of Madhya Pradesh High Court highlighted the Legal terrorism aspect of 498A IPC cases.

From Paras 10 to 12,

10. Nowadays the very purpose of the insertion of Section 498-A in the Penal Code, 1860 with the object to punish the husband or his relatives, has been defined. In most of the cases, this section is beingmisused as observed by several High Courts and the Hon’ble Supreme Court. The Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar: [(2014) 8 SCC 273] has observed that the relatives are unnecessarily being made accused under section 498-A of the I.P.C.
11. The cases are lodged under Section 498-A of the Penal Code,1860 only to settle the matrimonial dispute. some times the FIR wife lodges the FIR immediately after receipt of the summons from theFamily courts. Nowadays there is a package of 5 cases against the husband and family members in family court and the criminal courtunder I.P.C., the Hindu Marriage Act and the Protection of Women from Domestic Violence Act, 2005.
12. The Courts have experienced that on the general and omnibusallegations the family members and distant relatives are being roped in a case arising out of Section 498-A of the Penal Code, 1860, which wasconsidered by the Hon’ble Supreme Court in Geeta Mehrotra v. State of UP : [(2012) 10 SCC 741]. The cases related to distant relativeswere further considered and deprecated by the Hon’ble Supreme Court in K. Subba Rao v. The State of Telangana : [(2018) 14 SCC 452]

Finally from Para 17,

17. At present, the husband and wife both have settled in Australia.  The parents of the husband are being harassed by way of the criminal case in India. Applicant No.1 Rajan Mathur is aged about 67 years and his wife is also a senior citizen. General allegations have been levelled against ‘Jethani’ hence she has unnecessarily been dragged in the FIR. As per the contents of the FIR, the husband of respondent No.2 was not even in India at the time of so-called omission of crime. Respondent No.2 has given the Power of Attorney to her father to contest the case against these applicants. This is now a case of reverse cruelty upon them. There is no specific allegation that when her husband left India for Australia there was any demand for dowry, etc. Now a day it is very common for the husband and wife to reside or do jobs outside of India and their parents are made to suffer in India by way of criminal or matrimonial litigation.

Rajan and Anr Vs The State of Madhya Pradesh and Anr on 17 Aug 2023

Citations:

Other Sources:


The Index of Quash judgement is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 482 – Charge Sheet Quashed CrPC 482 – Criminal Proceeding Quashed CrPC 482 – FIR Quashed Legal Terrorism Rajan and Anr Vs The State of Madhya Pradesh and Anr | Leave a comment

Dipakbhai Ratilal Patel Vs State Of Gujarat on 26 September, 2014

Posted on July 28, 2018 by ShadesOfKnife

Awesome judgment from Justice J.B.PARDIWALA, at Hon’ble High Court of Gujarat. Excellent analysis and dissection of cunning knife’s mind.

Funny Anecdote #1:

Establishing Jurisdiction:

The sum and substance of the FIR lodged by the respondent No.2 appears to be a matrimonial dispute between the husband and the wife, but as usual, all other family members have been roped in as accused persons. The applicant No.2, Dipikaben, is the wife of the applicant No.1’s brother. I am told that Dipikaben is a widow and she is residing independently at Padra of District Baroda. Dipikaben has a daughter aged about 20 years. The applicant No.3 Hetalben is the niece of the applicant No.1, and is residing at her matrimonial home at Gotri. The applicant No.3 got married in the year 2006, and before her marriage, was residing at Delhi. The applicants Nos. 4 and 5 are the husband and wife, and both are residing at Delhi. The applicant No.4 is one of the brothers of the applicant No.1. The applicant No.6, who is the sister of the applicant No.1, is residing at her matrimonial home at Baroda.

Funny Anecdote #2:

Delay in filing Complaint/FIR:

It appears on a plain reading of the FIR that on her own admission, she had stayed at her matrimonial home upto the year 2004, and thereafter, she left the matrimonial home and started residing at her parental home. The respondent No.2 lodged the F.I.R after a period of four years thereafter i.e. in 2009.

Legal Point #1:

When no offence is disclosed by the complaint, the court may examine the question of fact. When a complaint is sought to be quashed, it is permissible to look into the materials to assess what the complainant has alleged and whether any offence is made out even if the allegations are accepted in toto.

One more:

Although the respondent No.2 is much more annoyed with her husband, with an obvious motive, has arrayed all the close relatives of her husband in the FIR. The Police also seems to have recorded stereo-type statements of the witnesses who are none other than the parents and other relatives of the respondent No.2 and has filed a charge-sheet.

Legal Point #3

Thus, it could be seen from the above that the apex Court has noticed the tendency of the married women roping in all the relatives of her husband in such complaints only with a view to harass all of them, though they may not be even remotely involved in the offence alleged.

One more here

In all cases where wife complains of harassment or ill-treatment, Section 498-A of the IPC cannot be applied mechanically. No F.I.R is complete without Sections 506(2) and 323 of the IPC.

Dipakbhai Ratilal Patel Vs State Of Gujarat on 26 September, 2014
Posted in High Court of Gujarat Judgment or Order or Notification | Tagged Arnesh Kumar Vs State Of Bihar and Anr CrPC 482 – Charge Sheet Quashed CrPC 482 – FIR Quashed CrPC 482 – IPC 498A Quashed Dipakbhai Ratilal Patel Vs State Of Gujarat IPC 498a - Not Made Out Landmark Case Legal Procedure Explained - Interpretation of Statutes | Leave a comment

Shakson Belthissor Vs State Of Kerala & Anr on 6 July, 2009

Posted on June 3, 2018 by ShadesOfKnife

Simple case on allegations not meeting the criterion on IPC 498A is confirmed by Hon’ble Supreme Court in this 482 quash judgment.

When we examine the facts of the present case particularly the FIR and the charge sheet we find that there is no such allegation either in the FIR or in the charge sheet making out a prima facie case as narrated under explanation(a). There is no allegation that there is any such conduct on the part of the appellant which could be said to be amounting to cruelty of such a nature as is likely to cause the Respondent No. 2 to commit suicide or to cause any injury to her life. The ingredient to constitute an offence under explanation (a) of Section 498A IPC are not at all mentioned either in FIR or in charge sheet and in absence thereof, no case is made out. Therefore, explanation (a) as found in Section 498A IPC is clearly not attracted in the present case.

We, therefore, now proceed to examine as to whether the case would fall under explanation (b) of Section 498A of IPC constituting cruelty of the nature as mentioned in explanation (b). In order to constitute cruelty under the said provision there has to be harassment of the woman with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or a case is to be made out to the effect that there is a failure by her or any person related to her to meet such demand. When the allegation made in the FIR and charge sheet is examined in the present case in the light of the aforesaid provision, we find that no prima facie case even under the aforesaid provision is made out to attract a case of cruelty.

Shakson Belthissor Vs State Of Kerala & Anr on 6 July, 2009

Citations : [2010 SCC CRI 1 1412], [2009 AIOL 863], [2009 SCC 14 466], [2009 SUPREME 5 281], [2009 ANJ SC SUPP 2 55], [2009 JT 8 617], [2009 SCR 9 1187], [2009 SCALE 9 70], [2009 AIC SC 80 192], [2009 ECRN SC 3 818]

Other Sources :

https://indiankanoon.org/doc/437533/

https://www.casemine.com/judgement/in/5609aec9e4b0149711414c59


Index of Quash judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 482 – Charge Sheet Quashed CrPC 482 – FIR Quashed CrPC 482 – IPC 498A Quashed IPC 498a - Not Made Out Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Shakson Belthissor Vs State Of Kerala and Anr | Leave a comment

Sandeep Singh Bais Vs The State Of Madhya Pradesh on 9 March, 2017

Posted on May 14, 2018 by ShadesOfKnife

In this judgment, Madhya Pradesh High Court has quashed the charge sheet and criminal proceedings on a relative who was falsely implicated in IPC 498A case.

 

Sandeep Singh Bais @ Anshu vs The State Of Madhya Pradesh Thr on 9 March, 2017

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Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations CrPC 482 - Saving of inherent powers of High Court CrPC 482 – Charge Sheet Quashed Sandeep Singh Bais Vs The State Of Madhya Pradesh | Leave a comment

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