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IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Pintu Dey – Appellant
Versus
State of West Bengal – Respondent
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 between the parties which was sermonized on 09.07.2012. After marriage opposite party no. 2 and petitioner no. 1 started residing at matrimonial house of complainant at Purulia. They are also blessed with a male child but thereafter trouble started and the de facto complaint/o
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 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.
The main legal point established in the judgment is that a complaint filed as a counter-blast, after the initiation of divorce proceedings, and lacking prior complaints or corroboration, may be consi....
The duty of the Magistrate to apply judicial mind while directing the registration of FIRs, and the consequences of filing frivolous and vexatious proceedings.
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