SHAMPA DUTT (PAUL)
Paritosh Kumar Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revisional application has been preferred praying for quashing of proceedings in Chatterjeehat P.S. Case No. 162/22 dated 25th August, 2022 under Sections 498A/406 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, corresponding to G.R. Case No. 4836 of 2022.
2. The Case of the petitioners is that the petitioner no. 1 is the husband, petitioner no. 2 is the father-in-law and petitioner no. 3 is the mother-in-law of the de facto complainant.
3. The allegations in the written complaint lodged by the de facto complaint herein shows that the de facto complainant was married to the petitioner no. 1 in the year 2020, but in her matrimonial home she was ill-treated and, as such, she was compelled to file a written complaint on 25th August, 2022 when she was staying in her parents’ house from 26th July, 2022 to 25th August, 2022.
4. It is further alleged that at the time of marriage dowry was given along with several articles. It is further stated that though the de facto complainant was told that she would be residing in Suri with her husband, she was never taken to Suri. She also came to know subsequently that her elder sist
Vague allegations in matrimonial disputes cannot sustain criminal prosecution; specificity is required to prevent misuse of legal provisions.
Cruelty and hurt – Allegations of complainant are required to be scrutinized with great care and circumspection.
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 dowry offences – Criminal law must not be permitted to degenerate into instrument of oppression or personal vengeance.
(1) Cruelty – Term “cruelty” cannot be established without specific instances – Mere general allegations of harassment without pointing out specifics against such persons would not be sufficient to c....
Cruelty and dowry offences – A cursory or plausible view cannot be conclusive proof to determine guilt of an individual under Section 498A and Section 4 of D.P. Act, 1961 – Term “cruelty” is subject ....
Vague or generalized allegations in matrimonial disputes do not support criminal proceedings under IPC and Dowry Prohibition Act, necessitating specific instances for valid charges.
Section 498A of IPC reads as husband or relative of husband of a woman subjecting her to cruelty.
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