Read Time: 08 minutes

Synopsis

The Calcutta High Court recently quashed criminal proceedings initiated by a woman under Section 498A of the IPC against her husband and his relatives, alleging that she was subjected to physical and mental torture and was driven out of the matrimonial home, on the grounds that an earlier proceeding initiated by her on the basis of nearly identical allegations against the same accused persons had ended in acquittal and she had filed no appeal.

Justice Ajoy Kumar Mukherjee was hearing an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the proceeding dated December 19, 2019, under Section 498-A of IPC presently pending before the Chief Judicial Magistrate, Jalpaiguri

The single judge bench of Justice Mukherjee noted, “Supreme Court and High Courts in numerous instances expressed concern over the misuse of section 498-A IPC and the increased tendency of implicating husband and relatives of the husband in matrimonial disputes. Upon perusal of the contents of both the FIR it reveals that the allegations are the same, which is omnibus in nature.”

In the present case, on February 14, 2016, the woman filed a complaint stating that after her marriage, her mother-in-law began torturing her physically and mentally. Thereafter she returned to her father's home. Her in-laws allegedly compelled her to work at their hotel, subjecting her to physical and mental torture. It was also claimed that her spouse physically abused her and drove her out of the marital home in January 2011.

On the basis of the complaint, a case was filed against the current petitioners under Section 498A of the IPC. However, the Trial Court acquitted all accused in a decision dated August 17, 2019.

After four months, the woman again filed an FIR under Section 498A of the IPC against the petitioners, alleging the same physical and mental torture on the demand for dowry. Hence the petitioners filed an application under Section 482 of the CrPC seeking a stay of proceedings under Section 498A of the IPC.

Counsel appearing for the petitioner stated that the alleged incident of physical and mental torture occurred in January 2011 and the defacto complainant lodged FIR on 09.12.2019. He relied on the case of Lalita Kumari vs. State of Uttar Pradesh and others and said that registration of FIR and initiation of the proceeding without inquiry is in violation of the law. Further, the counsel also submitted that the defacto complainant created a concocted story after the acquittal of the present petitioners from the earlier case with the intent to harass the whole family of the petitioners.

Counsel representing the state submitted that it is true that an earlier proceeding initiated by the present defacto complainant against the petitioners had ended in acquittal and no appeal had been preferred against said acquittal order.

The court stated that simply mentioning the Section and language of those Sections is insufficient to file a proper complaint and that in all such matters, what is required to be brought to the court's attention is the particulars of the offence committed by each of the accused persons, as well as the role played by each of them in committing that offence.

“The court proceeding ought not to be permitted to degenerate into a weapon of harassment or prosecution,” the court added.

Further, the court said, “When the present complaint is taken from that viewpoint the complaint appears to be sadly vague as it does not show as to which petitioner has committed what offence and what is the exact role played by the petitioners in the alleged commission of the offence.”

Accordingly, court quashed the criminal proceeding dated December 19, 2019, under Section 498-A IPC.

Case Title: Rupen Dhar & Ors. v. The State of West Bengal & Ors.

Statute: Section 498-A IPC