Court Proceeding Ought Not To Be Permitted To Degenerate Into A Weapon Of Harassment: Calcutta High Court Quashes 498A Case

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

The single judge bench of Justice Ajoy Kumar Mukherjee observed:

“On perusal of the FIR of earlier proceeding as well as the present proceeding it appears that the allegation is almost same which reiterates allegation of inflicting torture by the petitioners herein upon the opposite party no. 2. In the present FIR i.e. in the second FIR allegation is that the same defacto complainant was subjected to physical and mental torture and she was driven out in the year of 2011. The first FIR which was lodged in 2016 and which has ended in acquittal, was filed long after the said cause of action allegedly arose in 2011, as stated in the second FIR. It is curious enough that the second FIR has been lodged after four months of acquittal from first FIR without making out any new case or new cause of action.”

The woman had lodged a complaint on February 14, 2016 alleging after marriage, her Mother-in-Law started inflicting physical and mental torture upon her and thereafter the complainant came back to her paternal home. It was alleged that her in-laws forced her to work at their hotel and thereby inflicted physical and mental torture upon her. It was further alleged that in January 2011, her husband physically assaulted her and driven her out from the matrimonial home.

On the basis of the complaint, a case was registered under Section 498A (Husband or relative of husband of a woman subjecting her to cruelty) of IPC against the present petitioners. However, the Trial Court vide order dated August 17, 2019 acquitted all the accused persons.

After months after the acquittal, sge again lodged an FIR under Section 498A of IPC against petitioners on the basis of self same allegation of physical and mental torture on the demand of dowry. The petitioners filed an application under Section 482 of CrPC seeking quashing of the criminal proceedings under Section 498A of IPC.

The Counsel appearing for the petitioners submitted that hat registration of FIR and initiation of the proceeding without inquiry is in violation of law laid down in Lalita Kumari v. State of Uttar Pradesh & Ors.

It was further submitted that the petitioner-husband has already filed a suit for declaration that the she is not legally married wife, which is sub-judice before the appropriate forum.

The court observed that the Apex Court and High Courts in numerous cases have expressed concern over the misuse of section 498A 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. Infact such implication by way of general omnibus allegation on repeated occasion resulted misuse of the process of law. There is nothing to show that the opposite party has preferred any appeal against the order of acquittal passed in the earlier proceeding. Accordingly the veiled object behind the lame prosecution apparently is to harass the petitioners,” said the court.

The court pointed that in order to lodge a proper complaint, mere mention of the section and language of those sections is not sufficient and in all such matters what is required to be brought to the notice of the court, is the particulars of the offence committed by each of the accused persons and role played by each of them in committing that offence.

“When the present complaint is taken from that view point 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,” the Court said.

Thus, the court quashed the criminal proceedings under Section 498A of IPC against the petitioners.

"In view of above allowing the present proceeding to continue would be an abuse of process of court and for the ends of justice it is required that the proceeding is to be quashed because the court proceeding ought not to be permitted to degenerate into a weapon of harassment or prosecution," it said.

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

Coram: Justice Ajoy Kumar Mukherjee

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