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SHAMPA DUTT PAUL
Ujjal Ghosh – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Shampa Dutt (Paul), J. - The revisional application is praying for quashing of the proceedings under Sections 498A/406/323/307/506/34 of the Indian Penal Code, 1860 submitted in G.R. Case No. 993 of 2015 now being S/C No. 240/17 pending before the 2nd Additional Session Judge, Burdwan arising out of Burdwan Women Police Station case no. 61 dated 27.03.2015.
2. The petitioner no. 1 is the husband of the opposite party no. 2, petitioner no. 2 to 5 are the relatives of petitioner no. 1.
3. The Case under Sections 498A/406/323/307/506/34 of the Indian Penal Code was filed by the opposite party no.2 against the petitioners after she left her matrimonial home on 22nd September, 2014.
4. After about six months, the petitioner No.1 heard that the opposite party no. 2 had got married to one 'Rajib Rej' without dissolving her marriage with the petitioner no. 1.
5. On the prayer of the petitioner's Counsel Mr. Avishek Banerjee, a report was called for regarding the defacto complainant, which has been filed by Miss Rita Dutta Learned Counsel for the State.
6. In the Report dated 19.12.2022 as submitted by SI Ananya Saha of Women, P.S. Purba Bardhaman, it is stated that the defacto complaina
On the death of a complainant, the case does not necessarily abate, and the legal heirs of the complainant can continue the prosecution with the permission of the trial court.
The main legal point established in the judgment is that legal heirs of the deceased complainant can be substituted in his place and can continue the proceeding after his death, and the right to pros....
Legal heirs can pursue a complaint under Section 138 of the Negotiable Instruments Act after the death of the complainant, as per Section 302 Cr.P.C.
The court established that mere allegations of a quarrel do not suffice to prove abetment of suicide under Sec. 306 IPC without clear evidence of intent (mens rea) to instigate the act.
To establish abetment of suicide under IPC Section 306, there must be clear evidence of instigation, not just vague allegations of harassment.
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