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SHAMPA DUTT (PAUL)
Chhangoolal Gupta – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred praying for quashing of proceedings being G.R. Case No. 4104 of 2016 pending before the Learned Judicial Magistrate, 7th Court, Howrah, arising out of Chatterjeehat Police Station Case No. 142 of 2016 dated 27.06.2016 under Sections 498A/34 of the Indian Penal Code.
2. The petitioner’s case is that the petitioner is the father-in-law of the opposite party no.2.
3. The son of the petitioner namely Sailesh Gupta got married to the opposite party no.2. on 19.01.2012 following Hindu Rites and Customs and the said marriage was a negotiated one.
4. From the said wedlock, the son of the petitioner and the opposite party no. 2 had a male child born on 16.06.2013.
5. That despite being treated in the matrimonial home cordially and with warmth, the opposite party no. 2, for reasons best known to her could not adjust in her matrimonial home and behaved in an indifferent manner.
6. On 05.05.2015, the opposite party no. 2 left her matrimonial home and despite several requests from the end of her husband as well as other in-laws including the present petitioner, she remained adamant and did not come back.
7. When despite ferven
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.
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....
General and omnibus allegations of cruelty and harassment under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prevention Act cannot be the basis for initiating criminal proceedin....
The court's inherent powers under Section 482 CrPC can be exercised to quash proceedings where the allegations are frivolous or do not disclose any offense, or where the proceedings are an abuse of p....
The court established that specific allegations are necessary to sustain a charge under Section 498A IPC, preventing misuse of the provision in matrimonial disputes.
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 the absence of any specific role attributed to the accused appellants, it would be unjust if the Appellants are forced to go through the tribulations of a trial, i.e., general and omnibus allegati....
The court emphasized the necessity of specific allegations in Section 498A IPC cases to prevent misuse and quashed proceedings lacking prima facie evidence.
The judgment established the importance of specific allegations and cautioned against implicating relatives of the husband without prima facie evidence in cases under Section 498A of the Indian Penal....
The inherent power of the court under Section 482 of the Code of Criminal Procedure can be exercised to quash proceedings in a case where there is no substance in the allegations and no material exis....
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