498a quashed against married sisters living separately

Ram Saran Varshney and others vs State of Uttar Pradesh and another

Supreme Court

05/02/2016

CRIMINAL APPEAL NO. 128 OF 2011

About/from the judgment:

Married Sisters Living Separately, Case Quashed!

 

Appellant nos. 4, 5 and 6 are all married and living independently. They are not residing with any of the appellant nos. 1 to 3. Since they are married, and living independently in different places, they had no concern with the relationship of respondent no.2 - Sonia Gupta with appellant nos. 1 to 3. Further more, our attention was also invited to the fact, that no clear allegations have been levelled by respondent no.2 - Sonia Gupta against any of the appellant nos. 4, 5 and 6. Even during the course of hearing, respondent no.2 - Sonia Gupta, who entered appearance in person, did not contest the aforesaid factual position. Her only submission, during the course of hearing was, that her three sisters-in-law had visited the matrimonial house of respondent no.2, on the occasion of 'Grah Parvesh', and the 'Naming Ceremony' of her daughter. We are of the view, that the visit of the three sisters-in-law of respondent no.2 - Sonia Gupta, on the above two occasions were for celebration, and cannot be treated as occasions where they harassed respondent no.2. In any case, in the absence of any material on the record of this case, relating to harassment on the above two occasions, we are satisfied, that the proceeding initiated against appellant nos. 4, 5 and 6, consequent upon the registration of the first information report by respondent no.2 - Sonia Gupta on 10.04.2002, was not justified. The same deserves to be quashed. The same is accordingly hereby quashed.

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