Allegations General In Nature, Petitioner Named Only In Cause Title of Petition: Calcutta HC Quashes Cruelty Case Against Married Sister-In-Law
The Calcutta HC quashed a case registered under section 498-A of IPC against the married sister-in-law of the complainant after noting that the petitioner had been named only in the cause title of the petition under Section 156(3) of Cr. P.C. and the written complaint was filed after almost 18 years of marriage.
The Single-Judge Bench of Justice Shampa Dutt (Paul) asserted, “There does not appear to be any specific allegations against her in the contents of the said application under Section 156(3) Cr. P.C.”
Advocate Indranuj Dutta represented the Petitioner while Advocate Imran Ali represented the Respondent-State.
The High Court was considering a revisional application praying for quashing of the impugned proceeding pending before the Judicial Magistrate arising out of a Case registered under Sections 498A/323/325/34 of the Indian Penal Code and all orders passed therein in connection with the instant case.
The petitioner brought it to the Court’s notice that she is an Assistant Teacher in a Government School at Chakdaha, District-Nadia. The de facto complaint is married to the petitioner’s brother since 2006. The allegation in this case was raised for offences punishable under Sections 498A/323/325/34 of IPC.
On a perusal of the allegations in the written complaint by the opposite party no. 2, it appeared to the Bench that there was no specific allegation against the present petitioner, who is the married sister-in-law of the defacto complainant. It was also noticed that the allegations were general in nature and the petitioner had been named only in the cause title of the petition under Section 156(3) of Cr. P.C.
Reference was also made to the judgment of the Apex Court in Dara Lakshmi Narayana & Ors. vs State of Telangana & Anr. (2024) wherein it has been observed that a mere reference to the names of family members in a criminal case arising out of a matrimonial dispute, without specific allegations indicating their active involvement should be nipped in the bud.
The Bench also noted, “The materials in the case diary also shows that the allegations are general in nature and the written complaint in the case has been 6 filed after almost 18 years of marriage and permitting the case to proved against the petitioner herein, will clearly be an abuse of the process of law.”
Allowing the Revision, the Bench quashed the proceeding pending before the Judicial Magistrate registered under Sections 498A/323/325/34 of the Indian Penal Code.
Cause Title: Smt. Tanusree Das alias Tanushree Das v. The State of West Bengal and another (Case No.: CRR 2092 of 2023)
Appearance:
Petitioners: Advocates Indranuj Dutta & Benazir SK
Respondents: Advocates Imran Ali, Debjani Sahu, Avijit Addya, Bidyut Baran Biswas