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IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Pintu Dey – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. overview of the criminal case (Para 1 , 2) |
| 2. defense arguments on credibility and process (Para 3 , 4 , 5 , 6) |
| 3. questioned the timing and support of allegations (Para 8 , 9 , 10) |
| 4. (Para 12 , 14 , 22) |
| 5. final judgment quashing the proceedings (Para 25 , 26) |
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. Petitioners herein have challenged the impugned proceeding being Sonamukhi PS case no. 102 of 2021 dated 12.07.2021 under section 498A/323/313/307 of INDIAN PENAL CODE (IPC) read with section 3 and 4 of the Dowry Prohibition Act (D.P Act). The aforesaid criminal proceeding started on the basis of a petition of complaint filed by opposite party no. 2 herein under section 156(3) of Cr.P.C. However, after completion of investigation prosecution agency has submitted charge sheet against the present petitioners under the aforesaid sections except section 307 IPC and the court below has taken cognizance upon the said offences.
2. De facto complainant/opposite party no. 2 is the wife and the petitioner no. 1 is the husband and petitioner no. 2 is the Mother-in-law and the petitioner no. 3 is elder-brother-in-law of the opposite party no. 2 by virtue of the matrimonial relationship
The absence of a mandatory affidavit when filing for a FIR under Section 156(3) of the Cr.P.C. invalidates cognizance of the case, showcasing the necessity for procedural compliance in criminal proce....
The requirement of an affidavit in applications under Section 156(3) Cr.P.C. is procedural, and failure to include one does not render the judicial order illegal if prima facie evidence supports it.
The main legal point established in the judgment is that the court should not interfere with the rejection of a discharge petition unless there is inherent perversity in the lower court's findings.
Failure to comply with procedural requirements under Sections 154(1) and 154(3) Cr.P.C led to the quashing of proceedings due to inconsistencies in the complainant's allegations.
Continuation of criminal proceedings under vague allegations in matrimonial disputes, lacking specific details and evidence, constitutes abuse of process of law.
The court ruled that allegations of sexual assault necessitate the registration of an FIR without preliminary inquiry, emphasizing the need for judicial scrutiny in such cases.
The court ruled that failure to file a supporting affidavit under Section 156(3) does not necessarily invalidate proceedings if substantial evidence of wrongdoing exists against the accused.
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