SHAMPA DUTT (PAUL)
Anupam Sardar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred praying for quashing of the FIR being no. 14/18 dated 03.01.2018 under Sections 341/323/506/34 of the Indian Penal Code, 1860 and Charge Sheet No. 387/18 dated 31.03.2018 corresponding to GR Case No. 93/18 pending before the Learned Additional Chief Judicial Magistrate, Baruipur, 24 Parganas (South).
2. In spite of due service there is no representation on behalf of the opposite party no. 2.
3. The petitioners are the in laws of the Opposite Party No.2.
4. It is alleged by the petitioners that the Opposite Party no. 2 along with her husband has been torturing the petitioners and their mother and also other family members continuously and several complaints have been filed.
5. The petitioners’ states that the Opposite Party no. 2 is a practicing advocate and she along with her husband has been continuously torturing and harassing the father (now deceased) and mother of the petitioners and for that reason petitioner’s father had been compelled to transfer the family business in the name of the husband of the Opposite Party No. 2. After the demise of the father of the petitioners, the said Opposite Party No.
Paramjeet Batra vs State of Uttarakhand & Ors.
Vineet Kumar and Others vs. State of Uttar Pradesh and Another
State of Karnataka v. L. Muniswamy (1977) 2 SCC 699
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 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 ....
Criminal proceedings cannot be initiated for civil disputes; a prima facie case must exist to avoid abuse of legal processes.
The main legal point established in the judgment is that allegations in a family property dispute lacked prima facie evidence of the accused committing the alleged offences, and the Magistrate's non-....
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