Back
SHAMPA DUTT (PAUL)
Madan Mohan Chandra – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J. :
1. The present revisional application has been preferred praying for quashing of the proceeding in G.R. Case No. 1128 of 2021 arising out of Bolpur Police Station Case No. 338 of 2021 dated 13.09.2021 alleging commission of offence punishable under Sections 498A/506/509/34 of the Indian Penal Code, 1860 pending before the Learned Additional Chief Judicial Magistrate, Bolpur, Birbhum.
2. Affidavit-of-service showing due service upon the de facto complainant has been filed but the de facto complainant is not represented.
3. Learned counsel for the State is present with the case diary.
4. The petitioner no. 1 is the father-in-law and the petitioner no. 2 is the mother-in-law of the deceased daughter of the de facto complainant.
5. It appears from the written complaint dated 13.09.2021 filed by the de facto complainant with Bolpur Police Station that the de facto complainant’s daughter was married to the son of the petitioners on 10.03.2016. One son was born out of the said wedlock. Since the October, 2019, the daughter of the de facto complainant was residing with her after leaving her matrimonial home, allegedly due to cruelty inflicted by the accused pe
Vague and generalized allegations in matrimonial disputes cannot sustain criminal prosecution under Section 498A IPC, emphasizing the need for specific details to prevent misuse of legal provisions.
Cruelty and hurt – Allegations of complainant are required to be scrutinized with great care and circumspection.
Vague allegations in matrimonial disputes cannot sustain criminal prosecution; specificity is required to prevent misuse of legal provisions.
The judgment emphasizes the need for specific allegations in cases involving Section 498A of the Indian Penal Code and cautions against false implications by way of general omnibus allegations.
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 court established that specific allegations are necessary to sustain a charge under Section 498A IPC, preventing misuse of the provision in matrimonial disputes.
Proceedings under Section 498-A IPC quashed due to vague allegations deemed retaliatory in a matrimonial dispute, emphasizing the need for substantial evidence to uphold such claims and prevent abuse....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
