Monday, 30 November 2015

Whether not treating daughter in law with respect amounts to offence punishable under S 498A of IPC?

It appears that after almost a period of three years the
first informant thought fit to lodge the FIR. Rude and
uncultured behaviour as well as perfunctory abuses are
mundane matters and would not attract the rigors of Section
498A of the IPC. There has to be something more to attract
Section 498A of the IPC. Even if I accept the entire case of the
prosecution, there is nothing against the father-in-law and the
married sister-in-law. Whatever little has been alleged is
against the mother-in-law, and that too, hurling of abuses,
using of perfunctory words, etc. They may be morally guilty of
not treating the daughter-in-law with respect in an Indian
society, but such moral acts fall short of an offence under
Section 498A of the IPC.
R/CR.MA/4899/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 4899 of 2015

HARESH LALSINGH GADHAVI & 3....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)


CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 24/11/2015



RULE returnable forthwith. Mr.Patel, the learned APP
waives service of notice of rule for and on behalf of the
respondent no.1. Ms.Pancholi, the learned advocate waives
service of notice of rule for and on behalf of the respondent
no.2.
By this application under Section 482 of the Code of
Criminal Procedure, 1973, the applicants – original accused
nos.2, 3 and 4 seek to invoke the inherent powers of this
Court, praying for quashing of the FIR bearing II-CR No.12 of
2015 lodged with the Petlad (Rural) Police Station, District
Anand, for the offence punishable under Sections 498A, 323,

504 read with Section 114 of the Indian Penal Code and
Sections 3 and 7 of the Dowry Prohibition Act.
The case of the prosecution is that the applicants herein
treated the first informant cruelly and thereby they have
committed an offence under Section 498A of the Indian Penal
Code.
On 8th December 2009, the marriage of the first
informant was solemnized with the applicant no.1. I may clarify
at this stage that this application has not been pressed so far
as the applicant no.1 – husband is concerned.
The applicant no.2 is the father-in-law, the applicant no.3
is the mother-in-law and the applicant no.4 is the married
sister-in-law. Within thirty days from the date of the marriage,
the husband left for London. While the husband was at London,
the first informant stayed back at her matrimonial home. It
also appears that some time in the year 2010, the first
informant joined her husband at London and stayed there for
two years. Since she was taken ill, she returned to India in May
2012. It is her case that she waited for her in-laws to take her
back to her matrimonial home but none turned up. It is her
case that although she was ill, yet none came to inquire about
her.
It has been vehemently submitted by Ms.Pancholi, the
learned counsel appearing for the first informant that the
mother-in-law used to treat the first informant cruelly by
hurling abuses. There were constant altercations with regard
to the household work.

It appears that after almost a period of three years the
first informant thought fit to lodge the FIR. Rude and
uncultured behaviour as well as perfunctory abuses are
mundane matters and would not attract the rigors of Section
498A of the IPC. There has to be something more to attract
Section 498A of the IPC. Even if I accept the entire case of the
prosecution, there is nothing against the father-in-law and the
married sister-in-law. Whatever little has been alleged is
against the mother-in-law, and that too, hurling of abuses,
using of perfunctory words, etc. They may be morally guilty of
not treating the daughter-in-law with respect in an Indian
society, but such moral acts fall short of an offence under
Section 498A of the IPC.
In view of the above, this application is allowed. The First
Information Report bearing No.II-CR No.12 of 2015 lodged with
the Petlad (Rural) Police Station, District Anand, is hereby
ordered to be quashed so far as the father-in-law, mother-inlaw
and sister-in-law are concerned. The case shall proceed
further in accordance with law so far as the husband is
concerned. Rule made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.)

Print Page

No comments:

Post a Comment