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True Colors of a Vile Wife

Tag: CrPC 482 – Charge Sheet Quashed

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

[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]

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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