Calcutta High Court has quashed two criminal complaints of domestic violence, attempted murder, and criminal intimidation filed by a wife against her husband and in-laws. Justice Subhendu Samanta, presiding over the case, noted that the medical evidence and witness statements did not align with the complainant's version of events.

The court emphasized that the allegations seemed general and lacked specific evidence. It was observed that the allegations were unsupported by witness statements and medical records. Justice Samanta acknowledged the intent of Section 498A of the Indian Penal Code (IPC) to address dowry-related issues but cautioned against its misuse leading to "legal terrorism."

The case involved Dwaipayan Das and his parents, accused of domestic violence by the complainant. The petitioners argued that the proceedings were baseless and driven by personal grudges, pointing out that the complainant hadn't resided with them since her marriage and had even filed a divorce suit in 2018, which had been granted in her favor.

After considering the arguments and reviewing the case diaries, the court ruled that the threshold for invoking Section 498A had not been met. The court highlighted that for an offense under Section 498A, specific criteria need to be satisfied, including cruelty against a married woman and coercive behavior for unlawful demands.

In this case, the court found that the criminal proceedings were not justified and invoked its inherent power to quash them. The judgment underscores the importance of balanced application of laws and prevention of their misuse, while safeguarding genuine victims of domestic violence.

Case Details:

• Case: Dwaipayan Das Vs. State of West Bengal & Anr. & connected application.
• Court: Calcutta High Court
• Judge: Justice Subhendu Samanta