The Calcutta High Court has quashed criminal proceedings under Sections 498A, 406 and 34 of the Indian Penal Code against four petitioners, holding that the allegations in the case diary were general in nature and did not disclose the necessary ingredients of the alleged offences.
Justice Shampa Dutt (Paul passed the judgment on September 10, 2026, in CRR 460 of 2023. The judgment was reserved on August 31, 2026.
The petition was filed by Dr. Saibal Adhikari, Sikha Adhikari, Swapna Banerjee and Narayan Chandra Dutta, seeking quashing of proceedings in G.R. Case No. 5396 of 2021 arising from Belghoria Police Station Case No. 419 of 2021.
The complaint alleged mental and physical cruelty and dowry-related harassment after marriage. It also stated that the complainant's husband, who was later deceased, was allegedly a drug addict and regular drunkard and had subjected her to physical and mental torture.
The judgment records that the first two petitioners were the complainant's father-in-law and mother-in-law. The third petitioner was a typist at the pathology laboratory owned by the first petitioner, while the fourth was his driver. The Court noted that the third and fourth petitioners were not relatives of the complainant's husband.
After examining the case diary, the High Court found that the principal allegations were directed against the complainant's deceased husband. It also considered the Supreme Court's ruling in Dara Lakshmi Narayana & Ors. v. State of Telangana & Anr., which cautioned against continuing criminal proceedings on vague and sweeping allegations in matrimonial disputes.
The High Court observed:
"The materials in the case diary in the present case shows that the allegations are general in nature. As such permitting the case to proceed against the petitioners herein, will clearly be an abuse of the process of law, considering that none of the ingredients required to constitute the offences alleged are present against the petitioners herein."
The High Court allowed CRR 460 of 2023 and quashed the proceedings in G.R. Case No. 5396 of 2021 arising from Belghoria Police Station Case No. 419 of 2021 under Sections 498A, 406 and 34 IPC against Saibal Adhikari, Sikha Adhikari, Swapna Banerjee and Narayan Chandra Dutta.
Case Title: Dr. Saibal Adhikari & Ors. v. The State of West Bengal & Anr.
Case Number: CRR 460 of 2023
Judge: Justice Shampa Dutt (Paul)
Decision Date: September 10, 2026
