Swiping Allegations Not Envisaging Torture Not A Foundation For Criminal Prosecution: Calcutta HC Quashes Cruelty Case Against Woman’s In-Laws
The Calcutta High Court has quashed a cruelty case registered under Section 498A read with Section 4 of the Dowry Prohibition Act against a woman’s father-in-law and mother-in-law. The High Court took note of the fact that swiping allegations and statement of witnesses did not envisage any kind of torture at the hands of the in-laws.
The Calcutta High Court was considering an application filed by the father-in-law of the victim girl under Section 482 read with Section 401 of the Code of Criminal Procedure for quashing of FIR and Charge-Sheet registered under Section 498A read with Section 4 of the Dowry Prohibition Act.
The Single-Judge Bench of Justice Sugato Majumdar said, “It should be kept in mind that criminal prosecutions bring ignominy and stigma to the family. Here sufficient materials are absent, specially the statement of the victim.
Advocate Debashis Sinha represented the Petitioner while Advocate A.S. Chakraborty represented the State.
It was the case of the petitioner that all the alleged incidents took place at Singapore and the present petitioners being father-in-law and mother-in-law were living in Chennai. It was submitted that even if there was any strife between the husband and wife, the present petitioners were in no way connected with it.
Noting that there were some stray allegations against the present petitioners being father-in-law and mother-in-law, the Bench said, “Swiping allegations and statement of witnesses which did not envisage any kind of torture should not be a foundation for criminal prosecution against persons.”
The Bench observed that sufficient materials including the statement of the victim were absent. However, the written complaint contained allegation against the husband who allegedly perpetrated physical torture upon the victim. In the present matter, the husband wasn’t made a party to the quashing plea.
Thus, the Bench quashed the case registered under Section 498A of IPC read with Section 4 of Dowry Prohibition Act as well as the Charge-Sheet against the in-laws.
Cause Title: Rajendra Prasad Sitani and Anr. v. The State of West Bengal [Case No. CRR/97/2024]
Appearance:
Petitioners: Advocates Debashis Sinha, Avijit Chowdhury, Rishav Ray & Sonali Gupta
State: Advocates A.S. Chakraborty & Kallol Acharya
