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Calcutta HC: ‘Criminal proceedings should not be scuttled at initial stage’

Calcutta HC: ‘Criminal proceedings should not be scuttled at initial stage’
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Kolkata: Refusing to interfere in a case of alleged cruelty against the wife by husband and in-laws, the Calcutta High Court observed that criminal proceedings, where it indicates prima facie case against accused persons, ought not to be scuttled at the initial stage.

The bench of Justice Ajay Kumar Gupta was moved by the husband and in-laws praying for quashing the criminal proceedings against them under sections of IPC and Dowry Prohibition Act, 1961.

The wife claimed gold ornaments and expensive articles were gifted to the husband at the time of marriage. She accused the in-laws of humiliating her and her family for not fulfilling dowry expectations on the marriage date. She was allegedly tortured mentally and physically for additional dowry. In 2016, she left the matrimonial home. In 2021, she lodged a police complaint against husband and in-laws, also accusing them of misappropriating her ‘stridhan’ articles.

Petitioners’ counsel submitted that proceedings initiated on the basis of her complaint, were beyond three years. Hence, it is not permissible under Section 468(1)(c) CrPC. There was “no whisper” of alleged torture, either mentally or physically, after June, 2016. The FIR was a counterblast to the divorce suit by husband. Her allegations lacked substance. The wife’s counsel submitted there was no delay in lodging the FIR since mental cruelty continued even after she left matrimonial home. Few of the ‘stridhan’ articles were recovered as in-laws refused to hand them over. Injury report was seized by the investigating officer (IO). All these are sufficient to prove a prima facie case of torture and cruelty. The submissions were broadly backed by the state counsel.

The court ruled out any delay in lodging the complaint. Sufficient incriminating materials were collected by IO. This, paired with vital witness statements narrating torture on her, makes out a prima facie case against the petitioners. Hence it should go to trial, the

court observed.

Refusing to quash the criminal proceedings, the court upheld the Supreme Court observation that “criminal proceedings ought not to be scuttled at the initial stage”.

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