The omnibus allegation on repeated occasion resulted misuse of the process of law: Calcutta High Court

The omnibus allegation on repeated occasion resulted misuse of the process of law held Calcutta High Court

The Calcutta High Court expressed concern over the misuse of section 498-A IPC and the increased tendency of implicating husband and relatives of the husband in matrimonial disputes.

BRIEF FACTS OF THE CASE

Petitioners are the in-laws of complainant who have contended that the complainant made first complaint on 14.02.2016 before this present complaint. In which she had made allegations of mental and physical torture on the petitioners. When the chargesheet was submitted against the petitioners learned Magistrate was pleased to pass an order of acquittal. After 4 months of the acquittal complainant for the second time lodged FIR against the petitioner on the same issues.

CONTENTION OF APPELLANT

Learned Counsel for the Petitioners submitted that the complainant has made the concocted story after acquittal of the Petitioners. He also submitted that the complainant just with the malafide intention for harassing the family of the petitioner made the second time complaint.

CONTENTION OF THE STATE

Mr. Chakraborty learned counsel for the state accepted the fact that Petitioners acquitted from allegations made in the 1^st complaint. Where no appeal has been preferred by the complainant.

HON’BLE COURT OBSERVATIONS

The Hon’ble Court observed that,

“Supreme Court and High Courts in numerous instances expressed concern over the misuse of section 498-A 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”

Hon’ble Court while emphasizing on the law point involved in the present petition further observed that,

“It is well settled that in order to lodge a proper complain mere mention of the section and language of those sections is not sufficient. 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”.

In view of the above the Hon’ble High Court quashed the proceeding having Case No. 1145 of 2019 under Section 498-A IPC pending before the Court of Chief Judicial Magistrate.

Law points Involved

• 498A IPC- Husband or relative of husband of a woman  subjecting her to cruelty.

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

Case no. :- CRR 93 of 2021

Order date :- 17.05.2023