Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. While the wife had left the husband's house in 2020, she filed a complaint accusing him of cruelty in 2023.
Justice Shampa (Dutt) Paul held: The allegations in both the cases arise out of the matrimonial dispute between the parties. It is further seen that since the year 2020, when she filed the first case, the complainant has left her matrimonial home and has now after almost three years initiated the present case on 13.04.2023. Accordingly in the interest of justice and to prevent abuse of process of law... the case is hereby quashed.
The present revisional application sought quashing of the proceedings filed in 2023, under Sections 498A/323/307/34 of the IPC pending before the Chief Judicial Magistrate, Paschim Medinipur on the ground that this was the second FIR on the self-same allegation.
Counsel for the petitioner submitted that the petitioner was already facing trial in a prior case on the self-same allegation filed by the private opposite party no. 2 dated 04.06.2020 under Sections 498A/323/506/34 of IPC and the trial in the said proceedings had commenced.
In referring to the Supreme Court case of Kapil Agarwal & Ors. Vs Sanjay Sharma & Ors., the Court quoted that while different complaints on the same set of facts were permissible, in the present case, the complaints were three years apart, and three years after the wife left the matrimonial home.
Accordingly, the case was quashed.
Case: PABITRA ADAK & ORS. VS. THE STATE OF WEST BENGAL & ANR.
Case No: CRR 3866 OF 2023
Citation: 2024 LiveLaw (Cal) 274