Monday, Justice Subhendu Samant observed that the misuse of the provisions of Section 498A has unleashed new legal terrorism. Also stated that offences has to be justified by evidences.
The single bench of the Calcutta High Court stated on Monday that women have unleashed new legal terrorism by misusing the provisions of IPC Section 498A. The bench made this statement while quashing the criminal proceedings against the husband petitioner.
The legislature has enacted the provision of Section 498A to strike out the dowry meance from the society. But it is observed in several cases that by misusing of said provision new legal terrorism is unleashed.”, the bench observed.
Woman filed 2 case of Section 498a against husband:
The woman filed a complaint within one year of the marriage, which was solemnized as per the provisions of the Special Marriage Act. The woman alleged that her husband had inflicted physical and mental torture upon her since the marriage and had also attempted to kill her. The police then registered a case under IPC sections 498A and 307.
Wife after a few days of filing the case, started staying at her matrimonial home. From there, she again filed another case within 2 months against her husband namely Dwaipayan Das and in-laws, alleging physical and mental torture. On basis of the complaint, another case was registered under sections 498A, 506(ii), and 406 of the IPC.
The learned advocate for the husband submission:
The learned advocate for the husband submitted that the complaints are concocted. It was further submitted that the woman never intended to stay with her in-laws. Consequently, a separate accommodation was arranged by the husband petitioner, and they were residing separately there.
The learned advocate also submitted that the case is a clear misuse of the provisions of criminal law, as two police stations have conducted investigations for the same charge. The police conducted the investigation in a perfunctory manner, as there are no ingredients present in the police report that justify the alleged offense punishable under Section 498A.
The learned advocate for the State submission:
The learned advocate for the State while opposing the quashing submitted that the case was registered after finding the prima facie materials u/s 498A has made out and the police report has been filed with sufficient materials.
The Bench:
The bench observed that the allegations in the first case against the husband are general and omnibus and no further ingredients of such allegations wwas brought in the investigation. In the second case, police again started investigation and same set of evidences of available witnesses were recorded.
“The allegation of physical and mental torture in both the cases appears to be general and omnibus. The ingredients of the offence specifically the statement of available witnesses does not disclose any specific prima facie materials by which the present petitioner can be entangled for the offences u/s 498A IPC”, the bench observed.
The bench further observed that, wife Banashree and her husband Dwaipayan were residing separately. The witnesses statement and the evidences also not supporting the case of the complainant regarding the direct evidence of torture. On which the bench stated that the offences has to be justified by evidences.
Harassment and torture enumerated in the definition of security u/s 498A cannot be proved solely by the de-facto complainant. The criminal law is allowed, complainant to file a criminal complaint but the same has to be justified by adducing cogent evidences.”, the bench observed.
The Bench quashed the criminal proceedings by exercised its inherent power.
Case Title: Swapan Kumar Das @ Swapan Das & Anr. Vs. State of West Bengal & Anr.
Case No: CRR No. – 2864 of 2018
Judgment on : 21.Aug.2023