High Courts must carefully use powers to quash criminal cases, says Calcutta HC
Kolkata: Observing that High Courts must exercise its powers to quash criminal proceedings and complaints to prevent abuse of the legal system with “extreme care, caution and circumspection”, Calcutta High Court quashed a criminal case against husband and in-laws lodged by the wife.
Dealing with the prayer to quash the criminal proceedings against the petitioners (husband and in-laws), the bench of Justice Suvra Ghosh observed: “It is trite law that jurisdiction under Section 482 of the Code of Criminal Procedure ought to be exercised with extreme care, caution and circumspection.”
It was further observed: “The test is whether the uncontroverted allegations as made out in the complaint prima facie establish the case and also whether continuation of such complaint shall amount to abuse of the process of the Court.”
The court was hearing a matter where a criminal case was lodged by the wife who had left her matrimonial home. She slapped charges under IPC, including Section 498A (cruelty against married woman). The case was lodged in 2023 while the marriage happened in 2019.
The court observed that her complaint came after the husband sent a notice, seeking restitution of the marriage under Section 9 of the Hindu Marriage Act. The wife’s allegation of cruelty in the FIR was not substantiated in the course of investigation, the court said.
The court also noted that the wife did not submit any document pertaining to her medical treatment.
She instead submitted a written declaration before the investigating officer that she didn’t take any medical aid from any hospital or doctor and hence could not submit any injury report.
The court observed neither did the wife disclose when she left her matrimonial home nor did she mention the dates on which she was tortured by the petitioners. Also, it was observed that continuation of the criminal proceeding shall amount to abuse of the process of the court.
The petitioners were released and discharged from their bail bonds.
