Lack of Specific Allegations and Evidentiary Material Lead to Quashing of Charges Against Sister-in-law and Brother-in-law
In a significant decision, the Calcutta High Court has quashed the criminal proceedings against Moniza Farooquee and Sharik Hossain, the sister-in-law and brother-in-law of the complainant, in a matrimonial dispute case. The judgment, delivered by Justice Uday Kumar, emphasized the absence of specific allegations and evidentiary material linking the petitioners to the alleged offences of cruelty and criminal breach of trust under Sections 498A, 406, and 34 of the Indian Penal Code. The proceedings originated from a complaint lodged at Beniapukur Police Station on October 9, 2023, accusing the petitioners of instigating torture and withholding the complainant's Stridhan.
Justice Kumar noted the petitioners' decade-long independent living arrangement in Tangra, Kolkata, which rendered the allegations of daily interference and systematic torture improbable. The court found the allegations to be "omnibus" and lacking specific overt acts. Furthermore, the complainant's admission in her written statement identified her father-in-law as the sole custodian of the Stridhan, negating the charge of criminal breach of trust against the petitioners.
The judgment also highlighted the unexplained six-month delay in filing the FIR, suggesting "legal brainstorming" aimed at widening the net of accused persons. The court underscored that the proceedings against the petitioners constituted an abuse of the process of law, maliciously intended to wreak vengeance.
The court ordered the quashing of the proceedings and directed the discharge of the petitioners from their bail bonds. The trial will continue against the remaining accused, including the husband and parents-in-law, without prejudice from the observations made against the petitioners.
Bottom line:-
The High Court quashed criminal proceedings against distantly residing relatives of the complainant, emphasizing the lack of specific allegations, evidentiary material, and the unexplained delay in filing the FIR.
Statutory provision(s):
- Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528
- Indian Penal Code, 1860 Sections 498A, 406, 34
- Dowry Prohibition Act Sections 3, 4
Moniza Farooquee v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2890184
