Abuse Of Process Of Law: Calcutta HC Quashes Cruelty Case Against Husband U/S. 498A IPC

The Calcutta High Court has quashed a cruelty case filed under Section-498A IPC against a husband by wife three years after leaving the matrimonial home.

The Court was considering a Revision Petition filed seeking quashing of the proceedings in case registered under Sections- 498A/323/307/34 of IPC on the ground that this is the second FIR on the self-same allegation.

The single-bench of Justice Shampa (Dutt) Paul observed, "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."

The Petitioner was represented by Advocate Sabir Ahmed while the Respondent was represented by Advocate Bitasok Banerjee.

The Counsel for the Petitioner argued that the petitioner was already facing trial in a prior case on the self allegation filed by the private opposite party no. 2 arising out of matrimonial disputes. He cited Supreme Court ruling in Kapil Agarwal & Ors. Vs Sanjay Sharma & Ors., wherein it was held that when the Court is satisfied that criminal proceedings amount to an abuse of process of law or that it amounts to bringing pressure upon accused, in exercise of inherent powers, such proceedings can be quashed.

The Court thus in the interest of justice and to prevent abuse of process of law quashed the proceedings in the case.

The Petition was accordingly allowed.

Cause Title: Pabitra Adak & Ors. vs. The State of West Bengal & Anr.

Appearances:

Petitioner- Advocate Sabir Ahmed, Advocate Bhaskar Hutait, Advocate Dhiman Banerjee, Advocate Ezaz Ahmed

Respondent- Advocate Bitasok Banerjee, Advocate Arabinda Manna

Click here to read/ download Order: