‘Shouldn’t drag husband’s kin in marital fight sans precise averment’

Kolkata: Observing that husband’s relatives shouldn’t be roped in on the basis of omnibus allegations in matrimonial disputes, Calcutta High Court quashed a criminal case against a relative who was accused of instigating the husband and in-laws to allegedly commit cruelty against the wife.

The bench of Justice Bibhas Ranjan De observed that husband’s relatives cannot be roped in unless specific instances of their involvement are made out.

The court observed: “The tendency of implicating the husband and all his immediate relatives is also very much prevalent. It is the duty of the Court to be extremely cautious and careful in dealing with these kinds of complaints. Pragmatic realities must be taken into consideration while dealing with matrimonial cases.”

In this case, the bench was moved by the husband’s relative.

The wife accused the relative of instigating her husband and in-laws who finally drove her out of her matrimonial home.

Petitioner’s counsel submitted there are no specific allegations made against the petitioner, except usage of some abusive words.

The application made by the wife (defacto complainant) under Section 12 of the Protection of Women from Domestic Violence Act, 2005 does not mention his presence on the day on the alleged dates of incident referred to in the complaint.

The counsel submitted that the charge sheet is only a replica of the facts stated in the written complaint. Moreover, no other incriminating article was seized nor any statement of eye witnesses of the alleged incidents were examined under Section 164 of CrPC.

The court noted that the charge sheet as well as the seizure list suggests that the investigating officer seized only one wedding invitation card and no other incriminating article.

Further, witnesses’ statement showed that there is mere mentioning of abetment by the petitioner but no specific description with regard to his exact role was substantiated.

Observing the FIR didn’t disclose specific allegations against the petitioner, the court quashed the criminal case against him.