Recently, the Supreme Court quashed the 498A case against the husband’s relative.
The bench of Justices B.R. Gavai and Sanjay Karol was dealing with the appeal challenging the order passed by the Allahabad High Court by which the petition filed by the appellants under Section 482 of Cr.P.C. for quashing the FIR, registered under Sections 498A, 323, 504, 494, 377 of IPC, is rejected.
The case involves allegations against the appellants, who are relatives of the husband. It was alleged that the appellants harassed the wife and demanded dowry.
In appeal a specific statement has been made to the effect that after a decree for restitution of conjugal rights was filed by the husband of respondent No.2, the FIR has been filed only in order to harass the husband and his entire family i.e. the appellants.
There was an attempt to settle the matter, between the husband and respondent No.2 (Wife).
The bench looked into clauses (1) and (6) of the Settlement Agreement and observed that respondent No.2 changed her mind and did not proceed with the settlement.
Supreme Court stated that “in any case, the husband is not before us. The proceedings against the husband can very well go on. However, in so far as the appellants are concerned apart from the general and bald allegations, there is not even a whisper as to how the ingredients to constitute an offence under Section 498A of IPC are made out against the appellants.”
In view of the above, the bench allowed the appeal.
Case Title: Safiya Bano alias Shakira and Others v. The State of U.P. and Others
Bench: Justices B.R. Gavai and Sanjay Karol
Case No.: Arising out of SLP(Crl.) No. 8373 of 2019
Counsel for the appellants: Uzmi Jameel Husain.
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