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SHAMPA DUTT (PAUL)
Vishnu Saraf – Appellant
Versus
State Of West Beengal – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J. :
1. The present revisional application has been preferred praying for quashing of the criminal proceeding being ACGR case no.4836 of 2021 arising out of Haridevpur PS case no.299 of 2021 dated 01.12.2021 under Sections 498A, 406, 323, 324, 506, 377 and 307 read with Section 34 of the Indian Penal Code, 1860 read with Section 4 of the Dowry Prohibition Act pending before the learned Additional Chief Judicial Magistrate at Alipore.
2. The petitioners’ case is as follows:-
b. The parties got married on 13th February, 2013 according to Hindu rites and customs and the same was an arranged marriage.
c. A written complaint dated 30.11.2021 was made by the opposite party no.2 and the same was treated as FIR no.299 of 2021 dated 01.12.2021 registered with the Haridevpur Police Station.
d. During the course of investigation the well wishers and relatives of the petitioner no.1 and the opposite party no.2, intervened and a set
The court quashed criminal proceedings due to vague allegations and emphasized the need for specific claims in matrimonial disputes to prevent abuse of legal processes.
Cruelty, rape and hurt – Forced unnatural sex by a husband on his wife amounts to cruelty under Section 498A IPC , but cannot be prosecuted as rape under Section 376 IPC.
(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....
Section 498A of IPC reads as husband or relative of husband of a woman subjecting her to cruelty.
Cruelty and dowry offences – Criminal law must not be permitted to degenerate into instrument of oppression or personal vengeance.
If a man and a woman indulged in anal sex with their free consent in private, no offence under Section 377 IPC is made out.
Allegations under Section 498A must meet specific legal thresholds; trivial irritations do not constitute cruelty, and misuse of legal provisions in matrimonial disputes is subject to quashing.
Vague and general allegations in matrimonial disputes do not suffice for criminal prosecution under IPC, necessitating specific accusations against each accused.
The court emphasized that vague and omnibus allegations in matrimonial disputes against family members can lead to misuse of legal provisions, necessitating specific allegations for valid prosecution....
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