Recently, the Calcutta High Court emphasized the need for a pragmatic approach when handling criminal cases emerging from matrimonial disputes, noting the common tendency to implicate husbands and their relatives. The judgment was delivered by Justice Ajay Kumar Gupta while quashing FIRs against two women accused of dowry harassment by their sister-in-law.
Justice Ajay Kumar Gupta observed, "The tendency to implicate the husband and all his immediate relatives is also not uncommon. Even after conclusion of a criminal trial, it is often difficult to ascertain the real truth." He further emphasized the importance of caution and pragmatism in such cases, stating, "The Courts have to be extremely careful and cautious while dealing with these complaints and should take pragmatic realities into considerations while handling criminal case based on matrimonial dispute."
The dispute originated from a complaint lodged by the wife of Amit Paul, who accused her husband and in-laws of cruelty and dowry harassment. However, the sisters-in-law, who were the petitioners in the case, argued that they had been living separately for years and were not involved in the daily affairs of the matrimonial home.
The complainant alleged that her husband demanded money from her father, and whenever she objected, her in-laws, including her sisters-in-law, supported him, leading to both mental and physical torture. However, the court found that "no specific role was attributed to the married sisters-in-law" and that the allegations were "general and omnibus in the written complaint."
Upon examining the statement recorded under Section 161 of the CrPC, the court noted that while the complainant mentioned threats over the phone, "no specific date, time, or mobile number was mentioned in the written complaint or in her statement." This lack of specific details made it "impossible to ascertain the role played by each accused in furtherance of the offence," leading the court to conclude that the allegations were likely made to falsely implicate the petitioners.
Given the absence of concrete evidence and the general nature of the allegations, the Calcutta High Court quashed the FIRs against the sisters-in-law, highlighting the necessity for judicial caution in matrimonial disputes.
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