Kolkata: The Calcutta High Court has quashed criminal proceedings arising out of a matrimonial dispute against the husband and his kin, holding that a magistrate’s power to direct registration of a first information report (FIR) is not automatic and must be exercised only after mandatory legal requirements are fulfilled.
The bench of Justice Chaitali Chatterjee Das held that the complainant had failed to comply with the mandatory procedural requirements before invoking the magistrate’s jurisdiction to seek a police investigation. It noted that there was no material on record to show compliance with the statutory requirement of first approaching the police and senior police officers, nor were supporting documents placed before the magistrate.
The case arose from allegations of cruelty, assault, dowry harassment and misappropriation of property made by a woman against her husband and his relatives. The complainant alleged that she had been in a relationship with the man for around 12 years before the couple married according to Hindu rites in a temple. She claimed that soon after the marriage, she was subjected to mental and physical torture by her husband and in-laws, including an alleged attempt to burn her by pouring kerosene oil. The court noted that two complaints had been lodged by the complainant before different authorities in respect of the same alleged incident, involving the same set of accused persons. The court found no satisfactory explanation for filing multiple complaints within a short span and observed that the subsequent complaint was silent about the earlier police complaint.
The court observed that there was no supporting material to substantiate the serious allegations levelled by the complainant, including the alleged attempt to burn her.
The court further found glaring inconsistencies between the complainant’s statement recorded before the magistrate and the version reflected in the charge sheet, particularly concerning allegations of a forced abortion. It was observed that the conflicting timelines in the two versions materially affected the credibility of the prosecution’s case at the threshold stage. The High Court quashed the proceedings pending before the magistrate and directed that the case diary be returned.