“No substance in the allegations” | Calcutta High Court quashes charge sheet U/s 498A IPC

“No substance in the allegations” | Calcutta High Court quashes charge sheet U/s 498A IPC

Hon’ble Calcutta High Court quashed the case filed by the Wife before learned Magistrate, Asansol, under Sections 498A/406/325/307/376/511/120B/34 of the Indian Penal Code, 1860 observing that prima facie no substance found in the allegation of the wife.

BRIEF FACTS OF THE CASE

O.p.no.2 married the son of Petitioner no.1 (father-in-law) and petitioner no.2 (mother-in-law) in the year 2006. Just after the marriage they were living separately. The husband of the o.p.no.2 committed suicide in the year 2013 and died, leaving behind his son and the wife. On 4.2.2015 she lodged a complaint against her in-laws in the aforesaid sections. Chargesheet was filed only U/s 498A/34 IPC. Petitioners have filed the discharge application stating therein that there is inconsistency between the statement U/s 164 Cr.P.C. and alleged facts in the F.I.R. There discharge application was rejected by the learned Court below.

CONTENTION OF PETITIONER

Learned Counsel appearing for the petitioner stated that the statement of the opposite party no. 2 under Section 164 of the Code of Criminal Procedure, 1973 depicts beyond any reasonable doubt that the instant case is a concocted one and has been falsely registered to harass the petitioners. The petitioners were also granted bail by recording these inconsistency but their discharge application has been rejected.

On the other hand, no one appeared for the o.p.no.2/complainant.

HON’BLE COURT’s OBSERVATIONS

Hon’ble Justice Shampa Dutt (Paul) quashed the lower court case by observing the growing menace of lodging fake complaint U/s 498A IPC and placed reliance on Kahkashan Kausar @ Sonam & Ors. vs. State of Bihar & Ors., 2022 LiveLaw (SC) 141. Hon’ble Supreme court in the said judgment observed that which is also quoted by the Hon’ble HC as :-

“22. Therefore, upon consideration of the relevant circumstances and in the absence of any specific role attributed to the accused appellants, it would be unjust if the Appellants are forced to go through the tribulations of a trial, i.e., general and omnibus allegations cannot manifest in a situation where the relatives of the complainant’s husband are forced to undergo trial. It has been highlighted by this court in varied instances, that a criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused, and such an exercise must therefore be discouraged.”

Hon’ble court before quashing the lower court case observed that :-

“29. The ultimate test therefore, is whether the allegations have any substance (Prakash Singh Badal Vs State of Punjab, AIR 2007 SC 1274).

30. In the Present case there is no substance in the allegations and no material exists to prima facie make out the complicity of the petitioners in a cognizable offence and as such the proceedings in this case is liable to be quashed.”

Case title :- Deepak Chatterjee & ors Vs. State of West Bengal & anr.

Case no. :- CRR 261 of 2020

Order date :- 08.06.2023