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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Rakhi Sardar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
AJAY KUMAR GUPTA, J.
1. The four Petitioners/accused have preferred this Criminal Revisional application under Section 482 of the Code of Criminal Procedure, 1973 (In short ‘Cr.P.C.’), seeking quashing of the proceedings being G.R. Case No. 6906 of 2017 corresponding to Special Case No. SPL-156/2021 arising out of Shibpur Police Station Case No. 597 of 2017 dated 02.12.2017 under Sections 341 /325/506/34 of the Indian Penal Code read with Section 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending before the Court of the Learned Additional Sessions Judge, 1st Court, Howrah-cum-Special Judge on SC & ST (POA) Act, Howrah and all orders passed therein in connection with the instant case.
FACTS OF THE CASE
2. The brief facts of this case are relevant for the purpose of disposal of this case are as under:-
a. This is a peculiar case, where the husband of petitioner no.1 has lodged a written complaint dated 2nd December, 2017, before the Shibpur Police Station against his wife and in-laws. The written complaint was treated as a First Information Report and, accordingly, Shibpur Police Station Case No. 597/2017 dated 02.12.2017 under Sectio
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, general allegations in matrimonial disputes are insufficient for a criminal trial under IPC Section 498A, necessitating specific roles and details for due process.
(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 ....
Continuation of criminal proceedings under vague allegations in matrimonial disputes, lacking specific details and evidence, constitutes abuse of process of law.
The Court reiterated that the inherent power under Section 482 CrPC should be exercised sparingly, carefully and with great caution, and only when such exercise is justified by the tests specifically....
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.
Vague and omnibus allegations against relatives residing separately without specific roles in a matrimonial dispute cannot sustain a prosecution under IPC and SC/ST Act, amounting to an abuse of proc....
Vague allegations against family members in matrimonial disputes do not justify trial; specific roles must be established for each accused.
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