The Calcutta High Court has observed that some women have spread legal terror by misusing Section 498A of the Indian Penal Code (IPC). Justice Shubhendu Samant, a single bench judge of the High Court, said that Section 498A It was introduced for the welfare of women, but now it is being misused by filing false cases. Justice Samant said that the Legislature has implemented the provision of Section 498A to eliminate the evil of dowry from the society. But in many cases it has been seen that new legal terror is spread by misusing this provision.
498A gives women the right to file a criminal complaint
While quashing the Section 498A case against a person and his family members, the Hon’ble Judge observed that the Criminal Law allows a complainant to file a criminal complaint, but it must be justified by adding concrete evidence. court It was hearing a petition filed by the man and his family members challenging the criminal cases lodged against him by his estranged wife in October and December 2017.
Husband accused of mental and physical cruelty
According to the petition, the wife had first lodged a case in October 2017 against the petitioner husband alleging mental and physical cruelty. After this, the wife filed another complaint in December 2017. This time taking the names of the husband’s family members, she accused them of subjecting her to cruelty and mental and physical torture. The Calcutta High Court said that no evidence prima facie proving the offense against the present petitioners has been brought on record, hence the matter is dismissed.
The court did not get enough evidence from the woman
During the hearing, the judge said that evidence was presented before him by both the sides, but this evidence was not sufficient to convict the woman’s husband. A woman living near Baguihati in Kolkata complained that her husband tortured her and tried to kill her. When the police started investigating the matter, she left her in-laws house and went to her maternal home. Later the court granted anticipatory bail to her husband.
Second complaint lodged as soon as the husband got bail
As soon as the husband got bail, the woman filed another case. In this, she made allegations of domestic violence and got an FIR registered in the name of her in-laws. The complaint lodged by the woman under section 498A was challenged in the Calcutta High Court by her in-laws. The couple got legally separated in the year 2018. Police investigation continued and later charge sheet was also filed.
No injury marks found in medical report
The police recorded the statements of the woman’s family and neighbors. Neighbors told the police that they heard the sound of fighting, but they have no information about who was violent against whom. Medical examination of the complainant woman was done. No injuries were found in the medical report. After this, the judge of the High Court made this comment and canceled the case.