Recently, the Calcutta High Court addressed a criminal revision petition challenging FIRs filed under Sections 498A and 406 of the Indian Penal Code, involving allegations of cruelty and criminal breach of trust by a wife against her husband and his family. The Court examined whether the complaint reflected a genuine offense or an abuse of the legal process.
The dispute arose when the wife lodged an FIR accusing her husband and his relatives of long-term mental and physical harassment, including a single alleged assault incident. The husband contended that she had voluntarily left the matrimonial home with her belongings and was engaged in an extramarital relationship. Multiple prior complaints and FIRs in different jurisdictions emphasised contradictions and painted the case as a complex matrimonial quarrel.
The petitioner highlighted the lack of continuous cruelty, pointing to delays and inconsistencies in filing the FIR. The wife’s counsel sought acceptance of her allegations at the quashing stage without examining evidence, while the public prosecutor urged the trial to continue, citing sufficient materials. Limitation issues for the alleged offenses were also raised by the husband’s side.
The Court observed that the solitary incident of assault did not meet the statutory requirement of continuous or persistent cruelty. It also noted that the husband’s actions did not amount to criminal breach of trust, as the wife had voluntarily taken her belongings. Considering the delay, lack of incriminating evidence, and the potential for misuse of legal provisions for personal vendetta, the Court allowed the petition to quash the FIR and related proceedings.
Case Title: Sumanlal Kodialbail & Ors Vs. The State of West Bengal & Anr.
Case No: CRR 3747 of 2022
Coram: Justice Ajoy Kumar Mukherjee
Advocate for Appellant: Sr. Adv Ayan Bhattacharya, Advs. Aditya Ratan Tiwary, Suman Majumder, Santanu Thak
Advocate for Respondent: PP Debasisi Roy, Advs. Imran Ali, Puspita Saha
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