Mr.Rebates

Mr. Rebates

Wednesday, October 27, 2010

Man files Sec 498 against in-laws , HC quashes case


MUMBAI: The Bombay high court on Monday quashed an FIR filed against a family after their son-in-law accused them of kidnapping their own daughter.

In a rare instance, the man also filed a complaint against his in-laws under Section 498 of the IPC that deals with enticing or taking away or detaining a married woman with criminal intent.

The court, however, found out that it was the son-in-law who threw his wife out of the house. Filing a complaint against his in-laws was his way of blackmailing his wife into returning home. "The judge interviewed the girl in the chambers and found out that she did not want to go back to her husband. The court then ordered that the FIR be quashed," said advocate Ayaz Khan who represented the petitioners.

The petition was filed by the woman's father, Satyanarayan Pathak, mother, Snehalata Pathak, brother, Pradeep Pathak and brother-in-law , Sanjay Rawat before Justice V K Tahilramani.

Thirty five-year-old Manojkumar Sharma, a resident of Kurla (W) got engaged to UPbased Neelam Sharma (19) in February 2006. On December 4, 2008, against the wishes of the families, Manojkumar and Neelam tied the knot at the Arya Samaj Mandir.

On February 11, 2009 Manojkumar filed a non-cognizable complaint (NC) with the Kurla police, alleging that in his absence at 12.30 pm, the petitioners had forcibly entered the house and taken Neelam away. In May 2010, Pradeep was arrested and released on bail.

The Pathaks then filed a petition in the HC, seeking quashing of the FIR. They held that the allegations against them were false and that Manojkumar was illtreating their daughter and had abandoned her, following which she returned to them.




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