Calcutta High Court: In a revision application seeking the quashing of proceedings against the wife by husband for alleged assault and issuing threats to him, a single-judge bench comprising of Shampa Dutt (Paul), observed that the main dispute appears to be related to the sale or retention of the husband’s house. The Court held that the case diary lacks substantial evidence to prima facie substantiate the offenses alleged against the wife and continuing the legal proceedings would constitute an abuse of the legal process. The Court quashed the criminal proceeding against the wife with the observation that taking care of one’s parents is an emotional and loving act, which cannot be forced, therefore, the wife cannot be forced to leave her mother and reside with the husband.
Factual Matrix
In the instant matter, the petitioner is seeking the quashing of legal proceedings against her, filed under Sections 341, 323 and 506 of the Penal Code, 1860 (IPC), in which the Chief Judicial Magistrate, Baruipur, South 24 Parganas, has taken cognizance.
The petitioner’s husband filed a written complaint stating that the petitioner and their son had been residing at her father’s house for six years. When he attempted to visit his son, he was allegedly driven away by his wife. Furthermore, the petitioner reportedly visited his residence in Baruipur, assaulted him, and issued threats, leading to the initiation of the legal proceedings.
In relation to the present petition, despite due service, no representation has been made on behalf of the opposite party 2 (the husband).
Court’s Assessment
The Court observed that in light of the facts presented, the main point of contention between the parties appears to be their place of residence. The Court opined that the circumstances strongly favor the wife in this case.
The Court observed that the wife’s school, where she teaches, is in proximity to her mother’s house, who is confirmed to be 100% blind. Moreover, the husband’s parents are deceased, and he is unemployed. Admittedly, since his mother’s death in 2009, he has been residing in the petitioner’s paternal home. The Court further observed that no allegations of mental or physical cruelty have been made against the husband.
The Court observed that given the wife’s mother’s condition, the husband’s insistence on changing their living arrangements seems unreasonable. The Court observed that in this situation, the daughter (petitioner) is required to provide her mother with mental, physical, and emotional support, especially when the husband has no other family members and has been living with them since 2009. The Court further observed that the wife is the sole breadwinner of the family, and her workplace is close to her mother’s house.
“Taking care of one’s parents is an emotional and loving act. No force in the world can stop a child from doing it and no child can be forced to do so, if he or she does not want to.”
The Court observed that the case diary lacks substantial evidence to prima facie substantiate the offenses alleged against the wife and continuing the legal proceedings would constitute an abuse of the legal process.
Court’s Decision
The Court allowed revisional application and quashed the impugned legal proceedings, including Charge Sheet under Sections 341, 323 and 506 of the IPC initiated by the Chief Judicial Magistrate, Baruipur, South 24 Parganas. The Court directed that a copy of this judgment is to be sent to the Trial Court for necessary compliance.
All connected applications, if any, are disposed of. Any interim orders, if issued, are vacated.
[Sampa Deb v. State of W.B., 2023 SCC OnLine Cal 3317, order dated 05-10-2023]
*Judgment by Justice Shampa Dutt (Paul)
Advocates who appeared in this case :
Mr. Pradip Kr. Mandal, Counsel for the Petitioner
Mr. Saswata Gopal Mukherjee, PP and Ms. Rita Datta, Counsel for the Respondent/State
Buy Penal Code, 1860 HERE
