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AJAY KUMAR GUPTA
Hiralal Konar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Ajay Kumar Gupta, J.—This instant Criminal Revisional application has been preferred by two accused persons under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘CrPC’) seeking quashing of the proceedings being Special Case No. 9/2022 arising out of Patuli P.S. Case No. 52/2022 dated 15.03.2022 under Sections 498A/406/506/34 of the Indian Penal Code, 1860, Sections 3/4 of the Dowry Prohibition Act, 1961 read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3(1)(u) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (corresponding to ACGR No.1052/2022), now pending before the Court of the Learned District and Sessions Judge, 1st Court, Alipore, South 24 Parganas .The petitioner further challenges the order dated 12.05.2022 passed by the Learned District and Sessions Judge, 1st Court, Alipore, South 24 Parganas whereby Trial Court took cognizance of the offences as alleged.
2. The material facts, in brief are that petitioner no. 1 is a registered medical practitioner holding an MS in Anatomy and a Diploma in Radiotherapy. He retired upon superannuation from the We
(1) Cruelty – Not every instance of discord amounts to “cruelty” within meaning of Section 498A IPC – It is inherent in conjugal life that both spouses are expected to maintain mutual respect, share ....
Vague allegations without specific roles attributed to accused do not warrant continuation of criminal proceedings, necessitating quashing to prevent abuse of process of law.
Vague, general allegations in matrimonial disputes are insufficient for a criminal trial under IPC Section 498A, necessitating specific roles and details for due process.
Vague and omnibus allegations against relatives residing separately without specific roles in a matrimonial dispute cannot sustain a prosecution under IPC and SC/ST Act, amounting to an abuse of proc....
Vague allegations against family members in matrimonial disputes do not justify trial; specific roles must be established for each accused.
Continuation of criminal proceedings under vague allegations in matrimonial disputes, lacking specific details and evidence, constitutes abuse of process of law.
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
The court quashed proceedings under the SC/ST Act due to lack of public view in the alleged incident, emphasizing the need for specific ingredients to establish the offence.
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