Misuse of Section 498A -a new legal terrorism is unleashed : Calcutta High Court
Case Details:
Case No: CRR No.: 2864 of 2018
Bench: Hon’ble Subhendu Samanta, J.
The Court while quashing the case under Section 498A, 506 IPC emphasized that the misuse of Section 498A – a new legal terrorism is unleased. The Court further observed that harassment and torture enumerated in the definition of Section 498A cannot be solely proved by the de-facto complainant but has to be justified by adducing cogent evidences. The Court after perusal of the case diary and documents available on record found that there are no such evidences to establish case against the present petitioner.
The Court also observed that hearing quarrels between two persons does not mean or prove who is in aggression and who is aggrieved. The Court also observed that there are no documentary or medical evidences to prove the claim of the de-facto complainant of physical torture.
The Court held, upon perusal of the records and complaint and the matrimonial suit before the learned family court, that there are merits in criminal revision and such criminal proceeding tantamount to the abuse of process of Court.