December 14, 2024 - In a significant ruling, the Calcutta High Court recently quashed a cruelty case filed by a wife against her husband under Section 498A of the Indian Penal Code (IPC), three years after she had left their matrimonial home. The case, titled “Pabitra Adak & Ors vs The State of West Bengal & Another” (CRR 386 of 2023), was heard by a single Judge Bench comprising Justice Shampa Dutt (Paul). The judgment was pronounced on December 11, 2024.

The wife had left her husband's home in 2020 and filed a case of cruelty in 2023, accusing him of abuse. However, Justice Shampa Dutt (Paul) observed that the case had been initiated three years after the alleged incidents of cruelty. The judge emphasised that the delay in filing the complaint and the ongoing matrimonial dispute indicated that the case was an abuse of the legal process.

The case, originally filed under Sections 498A (cruelty), 323 (hurt), 307 (attempt to murder), and 34 (common intention) of the IPC, was quashed by the High Court. Justice Dutt (Paul) remarked that the complainant had already filed a similar case in 2020, and the current case was merely a reiteration of the same allegations. The court noted that continuing with the second FIR, filed three years later, would constitute an abuse of the process of law. As a result, the court allowed the quashing of the FIR and directed that the proceedings be dismissed.

In the judgment, the court cited the case of “Kapil Agarwal & Ors. Vs Sanjay Sharma & Ors.” (Criminal Appeal No. 142 of 2021), in which the Supreme Court held that if a subsequent FIR is an abuse of legal process, it can be quashed by the High Court under Article 226 of the Constitution or Section 482 of the Criminal Procedure Code (Cr.P.C.). Justice Dutt (Paul) applied this principle in the current case, recognising the potential for harassment and misuse of legal proceedings.

The High Court further ordered that the earlier case, filed in 2020, should proceed with trial in accordance with law, while the fresh proceedings filed in 2023 were quashed.

The judgment, which underscores the importance of timely and genuine legal complaints, is expected to set a significant precedent in cases of marital disputes and misuse of Section 498A.

The decision has been widely welcomed by those advocating fair use of Section 498A, which has often been criticised for being misused in cases of domestic disputes. The court’s ruling emphasises the need to ensure that criminal proceedings are not misused as a tool for harassment or personal vendettas.