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SHAMPA DUTT (PAUL)
Suva Santra @ Subha Sutradhar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred praying for quashing of the proceedings in connection with New Jalpaiguri Police Station Case No.1357 dated November 18, 2020 under Sections 376/417 of the Indian Penal Code giving rise to GR Case No.5043 of 2020 wherein charge sheet has been submitted vide Charge Sheet No. 03 dated January 13, 2021 under Sections 376/417 of the Indian Penal Code now pending before the Court of the learned Chief Judicial Magistrate, Jalpaiguri.
2. The petitioner’s case in short is that the defacto complainant filed the present case being New Jalpaiguri Police Station Case No.1357 dated November 18, 2020 under Section 376/417 of the Indian Penal Code, against the petitioner who is the husband of the complainant/opposite party no.2. They were married on December 1, 2014 according to Hindu Rights and Customs. It was alleged in the written complaint that about five years ago (that is in the year 2015) the petitioner and the defacto complainant built up a relationship of love and affection. It is further alleged that the petitioner tempted and promised the complainant to marry her. Since then, the petitioner on various occasions t
General and omnibus allegations of cruelty and dowry demands, without specific instances or details, do not constitute offenses under Sections 498A and 406 of the IPC, and the court has the inherent ....
Legal proceedings can be quashed if they are established to be maliciously instituted without sufficient evidence, causing an abuse of judicial process.
The court held that the ingredients required to constitute the offences under Sections 498A/406/506 of the Indian Penal Code are clearly absent in the present case and the allegations are general and....
The main legal point established in the judgment is that the court can quash criminal proceedings if they are manifestly attended with mala fides and maliciously instituted with an ulterior motive fo....
The court held that proceedings under Section 498A IPC were malicious and lacked evidentiary support, justifying quashing under Section 482 Cr.P.C.
General and omnibus allegations, without any specific act of cruelty attributed, do not constitute a cognizable offense under Section 498A of the Indian Penal Code, and proceedings based on such alle....
In cases where the materials in the case diary and the charge sheet do not prima facie make out a case of cognizable offence against the accused, the proceedings should be quashed.
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