IN THE HIGH COURT AT CALCUTTA
Ajay Kumar Gupta
Ratan Kumar Das @ Ratan Das – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. Petitioner Nos. 1 and 3 are the brothers-in-law of the complainant/opposite party no. 2 and petitioner no. 2 is the wife of one Nukul Das, who is the brother-in-law of the complainant/opposite party no. 2. They have filed revisional application under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘CrPC’) for seeking quashing of the proceeding being G.R. Case No. 647/2020 arising out of Amdanga Police Station Case No. 160/2020 dated 01.04.2020 under Section 498A of Indian Penal Code, 1860 as well as the Charge Sheet being Charge Sheet No. 346/2020 dated 30.06.2020 under Section 498A of the Indian Penal Code, 1860 and all orders passed therein, pending before the Learned Additional Chief Judicial Magistrate, Barasat, North 24 Parganas.
2. The factual matrix, giving rise to filing of present Criminal Revisional application, is that a complaint has been lodged by Opposite Party No.2, Tapati Das against her husband and in-laws alleging that she married Joydeb Das according to Hindu Rites and Customs. Since after marriage, she was subjected to torture both mentally and physically by her husband and in-laws. On 31.03.2020, at about 12.00 hrs.
Tabrez Khan Alias Guddu and Ors. Vs. State of Uttar Pradesh and Anr.
Dara Lakshmi Narayana and Ors. Vs. State of Telangana and Anr.
Vague, general allegations in matrimonial disputes are insufficient for a criminal trial under IPC Section 498A, necessitating specific roles and details for due process.
Continuation of criminal proceedings under vague allegations in matrimonial disputes, lacking specific details and evidence, constitutes abuse of process of law.
Vague allegations without specific roles attributed to accused do not warrant continuation of criminal proceedings, necessitating quashing to prevent abuse of process of law.
Vague allegations in a domestic abuse case do not meet the legal threshold for prosecuting relatives under IPC Section 498A, requiring specific instances of cruelty.
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....
(1) Cruelty – Not every instance of discord amounts to “cruelty” within meaning of Section 498A IPC – It is inherent in conjugal life that both spouses are expected to maintain mutual respect, share ....
Court proceeding ought not to be permitted to degenerate into a weapon of harassment or prosecution.
The court can invoke inherent power to quash criminal proceedings if they lack prima facie evidence and are instituted with an ulterior motive for personal grudge.
Vague and omnibus allegations should not lead to the conduct of a trial, and specific and substantiated facts are necessary to proceed with criminal proceedings.
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