SHAMPA DUTT (PAUL)
Tanusree Das alias Tanushree Das – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Shampa Dutt (Paul), J.—The present revisional application has been preferred praying for quashing of the impugned proceeding being G.R. Case No.729 of 2023 pending before the learned Judicial Magistrate, 4th Court, Krishnanagar, Nadia arising out of Kotwali Police Station Case No.630 of 2022 dated 23.06.2022 under Sections 498A/323/325/34 of the Indian Penal Code and all orders passed therein in connection with the instant case.
2. The petitioner’s case is that the petitioner is an Assistant Teacher in a Government School at Chakdaha, District-Nadia. The de facto complaint is married to the petitioner’s brother since 2006.
3. The de facto complainant is a permanent resident of Krishnanagar, Nadia and the petitioner is a permanent resident of Chakdaha, Nadia being married at Chakdaha. The distance between the two places is about 50 kms.
4. The allegation in this case is for offences punishable under Sections 498A/323/325/34 of IPC.
5. In Dara Lakshmi Narayana & Ors. vs State of Telangana & Anr., in Criminal Appeal No. ………… of 2024 (arising out of SLP (Criminal) No. 16239 of 2024, decided on December 10, 2024, the Supreme Court held:-
“15. An offence is punishable under Sec
Cruelty and hurt – Allegations of complainant are required to be scrutinized with great care and circumspection.
Vague allegations in matrimonial disputes cannot sustain criminal prosecution; specificity is required to prevent misuse of legal provisions.
Vague and generalized allegations in matrimonial disputes cannot sustain criminal prosecution under Section 498A IPC, emphasizing the need for specific details to prevent misuse of legal provisions.
Proceedings under Section 498-A IPC quashed due to vague allegations deemed retaliatory in a matrimonial dispute, emphasizing the need for substantial evidence to uphold such claims and prevent abuse....
Cruelty and dowry offences – Criminal law must not be permitted to degenerate into instrument of oppression or personal vengeance.
Vague or generalized allegations in matrimonial disputes do not support criminal proceedings under IPC and Dowry Prohibition Act, necessitating specific instances for valid charges.
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