Calcutta High Court Raises Concerns Over Misuse of Section 498A IPC
In a recent judgment, the Calcutta High Court has expressed concerns over the misuse of Section 498A of the Indian Penal Code (IPC). Justice Subhendu Samanta remarked that while Section 498A was introduced for the welfare of women, it is now being misused through the filing of false cases.
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The case in question revolved around a plea filed by a man and his family members. They were challenging the criminal cases lodged against them by his estranged wife in October and December 2017. According to the plea, the wife initially lodged a case against her husband in October 2017, accusing him of subjecting her to both mental and physical cruelty.
Following her complaint, the police recorded statements from various witnesses, including the couple’s neighbors. However, the police found that the allegations against the husband were general and lacked specificity. In December 2017, the wife filed another complaint, this time implicating the husband’s family members, accusing them of cruelty and subjecting her to mental and physical torture.
The Court, after examining the evidence, noted that there was no concrete evidence establishing a prima facie offense against the petitioners. Justice Samanta stated,
“The direct allegation against the husband by the de-facto complainant is merely from her version. It supports no documentary or medical evidence. One neighbor has heard about the quarrel of the wife and her husband; the quarrel of two persons does not mean or prove who is in aggression or who is aggrieved.”
Furthermore, the Court highlighted that since their marriage, the couple had been residing in a separate apartment, distinct from the husband’s relatives who lived in another apartment. Justice Samanta expressed,
“I am of a view that the instant criminal proceedings initiated by the de-facto complainant against the husband and in-laws does not disclose a prima facie offense against them as alleged. The proceedings are instituted only to fulfill a personal grudge. Considering the circumstances, I think it necessary to invoke the inherent power of this court to quash the proceedings; otherwise, the continuation of the criminal proceedings would be tantamount to the abuse of the process of court.”
Based on these observations, the Calcutta High Court decided to quash the case. This judgment underscores the need for a careful examination of evidence in cases related to Section 498A to prevent potential misuse.
