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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL), J.
Luna Das (Mondal) - Appellant
Versus
The State of West Bengal & Another
- Respondent
CRR. No. 1134 of 2019
Decided On : 25-01-2024
False Statements - Criminal Proceedings - Indian Penal Code Sections 193/197/199
Fact of the Case:
The petitioner, a wife, filed a complaint against her husband and in-laws under Sections 498A/406/34 of the Indian Penal Code. In response, the husband filed a complaint alleging false statements made by the wife in her application under Section 125 of the Code of Criminal Procedure. The husband sought the quashing of the proceedings against the wife under Sections 193/197/199 of the Indian Penal Code.
Finding of the Court:
The court found that the statements made by the wife in her application under Section 125 were not entirely accurate. However, the court also noted that the ingredients required to constitute the alleged offences were clearly absent in respect of the wife, and the case appeared to have been made out of grudge and vengeance. The court referred to relevant case law and exercised its inherent powers to quash the proceedings against the wife.
Issues: The issues revolved around the alleged false statements made by the wife in her application under Section 125 of the Code of Criminal Procedure and the husband's complaint seeking the quashing of proceedings against the wife under Sections 193/197/199 of the Indian Penal Code.
Ratio Decidendi: The court's decision was based on the absence of essential ingredients to constitute the alleged offences and the apparent grudge and vengeance behind the husband's complaint. The court also relied on relevant case law, including the scope of the High Court's power under Section 482 of the Code of Criminal Procedure, to exercise its inherent powers and quash the proceedings against the wife.
Final Decision: The court allowed the revision and quashed the proceedings against the wife under Sections 193/197/199 of the Indian Penal Code.
JUDGMENT
1. The present revisional application has been preferred praying for quashing of the proceeding being Misc. Case No. 48 of 2016 (T.R. 762 of 2016) under Sections 193/197/199 of the Indian Penal Code pending in the Court of the Learned Judicial Magistrate, 10th Court, Alipore, South 24 Parganas.
2. FACTS:-
The petitioner states that the petitioner and opposite party no. 2 got married following Hindu rites and rituals on 10.05.2004.
3. Out of the said wedlock a female child and a male child were born on 23.03.2007 and 16.11.2009 respectively.
4. As the petitioner was subjected to torture in her matrimonial home by the inmates which became unbearable, she was compelled to leave her matrimonial house and lodge an complaint with the Bishnupur Police Station against the opposite party no. 2 and others.
5. Said First Information Report gave rise to Bishnupur Police Station Case No. 141 of 2013 dated 16.03.2013 under Sections 498A/406/34 of the Indian Penal Code against the opposite party no.2 and others.
6. The Investigating Agency in course of investigation, searched the house of the opposite party no.2 and seized certain articles from his house after preparing a proper seizure list dated 16.03.2014 as complained of.
7. The petitioner filed an application under Section 125 of the Code of Criminal Procedure being S.C. No. 429 of 2014 praying for maintenance to the tune of Rs. 10,000/- for herself and Rs. 15,000/-for her minor children.
8. During the pendency of the said application, the opposite party no.2/husband filed an application in the Court of Learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas being Misc. Case No. C-48 of 2016 under Section 200 read with Sections 340/195(1)(a)/195(1)(b) of the Code of Criminal Procedure for alleged commission of offence punishable under Sections 193/197/199 of the Indian Penal Code against the petitioner.
9. The petitioner states that the order passed by Learned Magistrate asking the petitioner to appear before the Learned Court on the basis of the application filed by the opposite party no. 2 and the deposition thereof is devoid of any reasoning indicating satisfaction of the Learned Magistrate.
10. Hence the revision.
11. The case as made out in the petition of complaint by the opposite party no. 2 herein, is that it appears from the application U/sec 125 Cr.P.C. along with ad-interim maintenance application that the petitioner herein/wife served, contained false statements made with an ulterior motive for her illegal gain, knowing fully well that all those statements are false.
12. It is stated in the complaint that the opposite party therein/wife made a statement in Para 6 of the said application, as follows:-
“The petitioner/wife had already filed an application under Section 498A I.P.C. and the opposite party/husband and his in-laws are now on bail and that police has already filed charge sheet against them.”
13. It is further stated that the opposite party/wife made all those false statements knowing fully well that there is no such case pending against the petitioner/husband and others. And if there was any such case pending then she should have disclosed and/or submitted the case number to the Ld. Court.
14. It is also stated that the opposite party/wife also made a statement in Para 7 of her said application that:-
“The petitioner/wife now reside in her father?s house since the said incident, facing financial crisis and has no sufficient income to maintain herself and her two male child.”
15. It is thus stated in the complaint that, the opposite party/wife made all those false statements regarding her income, with an ulterior motive for her illegal gain, as she is a school teacher of Amtala Nevadita Balika Vidyalaya (H.S.) and presently gets a salary of Rs. 35,000/- or more per month.
16. The complainant also states that the opposite party/wife also has an illegitimate male child, and knowing fully well that said male child is n
The court's decision emphasized the importance of ensuring that criminal proceedings are not manifestly attended with mala fides and are not maliciously instituted with an ulterior motive for wreakin....
The main legal point established in the judgment is the need to prevent the misuse of Section 498A of the Indian Penal Code in matrimonial disputes and the court's power to quash proceedings if the p....
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 ....
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 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 main legal point established in the judgment is the requirement for a prima facie case to be made out against the accused and the limitations on the court's power to appreciate evidence at the pr....
The court affirmed that allegations in matrimonial disputes must be substantiated with clear evidence to prevent misuse of legal processes.
Courts must protect against the misuse of legal provisions, quashing proceedings that lack substantial allegations or evidence, to prevent abuse of the judicial system.
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