Legal Question in Criminal Law in India

My brother was married in July 2002.

My sister-in-law got fire-injury in Sept,2002(3 months after marriage).

She was hospitalized but succumbed to her injuries after 15 days.

After her demise, her father lodged a FIR accusing torture and instigation of suicide(section 498A,306 IPC) against my father, brother, husband, sister and her husband and also myself.

I, my sister and our husbands were not living at the place of the incident at that time.

We were arrested and released on bail after a few days.

Subsequently, charge-sheet was filed and there after, under Section 498A, 304 IPC charges were framed and in 2007, my husband and brother-in-law (my sister's husband) appealed in Calcutta High Court against the charges. Now the Honorable High Court has ordered to charge afresh quashing the charges under Section 304 IPC.

In view of the recent judgement of Supreme Court quashing framing of charges against persons under 498 A living in other cities,

a) Can fresh charges can be framed against 4 of us (I, my sister, my husband, my brother-in-law (my sister�s husband))?

b) As both my husband and my brother-in-law(my sister's husband) do not have any blood relationship with my brother (husband of my deceased sister-in-law),is it possible to frame charges against them under Section 498A?


Asked on 10/16/10, 4:15 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

yes, you two sisters and their respective husbands, all living in different cities have a strong chance for no charge on 498A. You are right SC has come up in favour of sisters as well as husbands living in different city than the complainant Bahu. If charges are framed you may challenge the order of framing charge. that will be a new cause of action even if earlier the high court did not quash the fir under 498A

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Answered on 10/17/10, 12:20 am


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