In a Criminal Revision Petition for quashing the complaint under Sections 420, 406, 467, 471, 120B, and 34 of IPC, the High Court of Calcutta held that the ornaments worn by a Bengali married woman found with the petitioner cannot be the basis of the criminal case especially when the complainant and the petitioner have been married for 29 years.
Brief Facts:
The current revision petition has been filed by the Petitioner who is the wife of the complainant to quash the proceedings under sections 420/406/467/468/471/120B/34 of the Indian Penal Code, 1860 pending before the Judicial Magistrate.
The petitioner lodged a complaint against her husband for offenses punishable under Sections 498A/323/324/506 of the Indian Penal Code, 1860. The Husband or the complainant then filed a complaint against the petitioner and others under offenses punishable under Sections 420/468/471/120B/34 of the Indian Penal Code, 1860.
It has been alleged by the petitioner that the husband by misusing his status as a practicing advocate started filing false and fabricated cases against the petitioner with mischievous intentions. Besides the current case, the husband has filed several applications against the petitioner.
On 30th July 2019, the learned magistrate issued a search warrant for the search/ recovery of personal articles from the premises of the petitioner and it has been alleged that the same is an error in law and fact as in the petition of complaint, there is no allegation that the petitioner had custody of articles belonging to the complainant.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the continuance of the mentioned proceeding would be an abuse of the process of court as the order in question suffers from non-application of mind. It has been contended that the impugned proceeding is bad in law and is liable to be quashed and/or set aside.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that there is sufficient material on record against the petitioner to proceed with the trial and the current revision petition is liable to be dismissed.
Observations of the Court:
The Court noted that the wife or the petitioner had left her matrimonial house after 29 years of marriage with certain ornaments and things that were listed down and it was noted that the ornaments or accessories that were found were those that a Bengali woman wears regularly and the phone might be for personal usage, these things cannot be the basis of a criminal case against the petitioner, that too when the marriage was of 29 years. The court further noted that the allegations as made by the complainant do not make out the case as has been alleged by the petitioner and the court now has to exercise its inherent powers to secure the ends of justice.
The decision of the Court:
The Calcutta High Court allowed the revision petition and the proceedings under 420/406/467/468/471/120B/34 of the Indian Penal Code, 1860 presently pending before the learned Judicial Magistrate was quashed.
Case Title: Mithu Dash @ Bhuiya Vs. State of West Bengal & Anr.
Coram: Hon’ble Justice Shampa Dutt (Paul)
Case no.: CRR 843 of 2020
Advocate for the Petitioner: Mr. Sanat Kumar Das, Mr. Satadru Lahiri, Mr. Safdar Azam.
Advocate for the Respondent: Mr. Shubham Bhakat (for the state), Mr. Manas Kumar Das, and Mr. Aritra Kumar Talukder.
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