The Calcutta High Court has quashed criminal proceedings under Section 498A of the Indian Penal Code against a woman's in-laws, observing that the allegations against them were general in nature and that permitting the prosecution to continue would amount to an abuse of the process of law.

Justice Shampa Dutt (Paul) was hearing a criminal revision petition filed by Dr. Saibal Adhikari, Sikha Adhikari, Swapna Banerjee and Narayan Chandra Dutta, seeking quashing of proceedings arising out of Belghoria Police Station Case No. 419 of 2021 under Sections 498A, 406 and 34 IPC.

The complainant alleged that from the second day of her marriage, the accused persons subjected her to mental and physical cruelty in connection with dowry demands. She further alleged that her husband, who was subsequently deceased, was a drug addict and regular drunkard and used to subject her to mental and physical torture.

The complainant also alleged that her husband forced her to consume alcohol, physically assaulted her causing bodily injuries and insulted her.

As regards the petitioners, the complainant stated that petitioner nos. 1 and 2 were her father-in-law and mother-in-law, respectively, and alleged that they did not take any action against their son despite his alleged conduct.

Petitioner no. 3 was a typist employed at the pathology laboratory owned by petitioner no. 1, while petitioner no. 4 was his driver. The Court noted that neither of them was a relative of the complainant's husband.

The State placed the case diary before the Court. Upon examining the materials, the Court observed that the principal allegations were against the complainant's deceased husband.

Referring to Section 498A IPC, the Court noted that the provision applies where a husband or a relative of the husband subjects a woman to cruelty. It further relied upon the Supreme Court's decision in Dara Lakshmi Narayana & Ors. v. State of Telangana & Anr., wherein the Supreme Court cautioned against allowing criminal prosecution to continue on the basis of vague and omnibus allegations in matrimonial disputes.

The High Court observed that the materials in the case diary showed that the allegations against the petitioners were general in nature.

“As such permitting the case to proceed against the petitioners herein, will clearly be an abuse of the process of law, considering that none of the ingredients required to constitute the offences alleged are present against the petitioners herein,” the Court held.

Case: Dr. Saibal Adhikari & Ors. Vs. The State of West Bengal & Anr

Case No: CRR 460 of 2023

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