Kolkata, Feb. 21 -- Observing that mere allegation of mala fide against a complainant may not be enough to quash a criminal proceeding, Calcutta High Court refused to quash a criminal case in relation to cruelty and dowry charges.
The bench of Justice Ajoy Kumar Mukherjee was moved by the petitioners who are in-laws and are facing criminal proceedings on the basis of a complaint lodged by the daughter-in-law (wife) on grounds of cruelty and dowry.
The wife alleged she was mentally and physically tortured by the in-laws for dowry and was driven out of her matrimonial home. Her statement was also backed by her husband.
The petitioners alleged that the FIR is completely concocted and the wife was never driven out of the matrimonial home. The criminal proceeding has been initiated with mala fide intention in connivance with her husband to harass them falsely for revenge and to compel them to part ways with the ancestral home. The petitioners' counsel submitted the FIR doesn't disclose commission of the offences alleged and the instant proceeding is liable to be quashed, otherwise it would be travesty of justice if petitioners are sent to trial.
The court observed that a criminal prosecution, if otherwise justifiable and based upon adequate evidence, does not become vitiated on account of mala fides of the FIR maker. Even if the complaint has been lodged only on account of personal animosity that by itself will not be a ground to discard the complaint, containing serious allegations which have to be tested and weighed during trial. The court said it is not supposed to look into the correctness of the allegations made in the FIR, when ex-facie the allegations and the materials collected during investigation discloses an offence.
Published by HT Digital Content Services with permission from Millennium Post.