The Calcutta High Court has quashed criminal proceedings against Dr. Hiralal Konar, a retired medical officer, and his son, a geologist with the Geological Survey of India, in a high-profile matrimonial dispute. Justice Ajay Kumar Gupta ruled on 3 September 2025 that the allegations of cruelty, dowry harassment, and caste-based humiliation brought by the wife lacked specific evidence and amounted to abuse of legal process.
Background
The dispute traces back to a marriage registered in 2011 and solemnized in 2014 between petitioner no. 2, the geologist, and the complainant, who is his wife. The couple, later blessed with a daughter in 2019, shared a long-standing relationship even before marriage.
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However, in March 2022, the wife lodged a police complaint accusing her husband, father-in-law, and mother-in-law of physical abuse, dowry demands, caste-based insults, and threats.
The case was registered under Sections 498A, 406, 506 of the IPC, provisions of the Dowry Prohibition Act, Juvenile Justice Act, and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The petitioners approached the High Court seeking to quash the proceedings, arguing that the allegations were vague, delayed, and unsupported by evidence.
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Justice Gupta carefully examined the complaint, charge sheet, and witness statements. The court noted that most allegations were "omnibus and inconsistent," with no specific dates, times, or corroborating medical records. Only two incidents - one in 2017 and another in 2020 - were dated, but no medical documents were produced despite claims of serious assault.
The bench observed,
"The law requires that allegations be clear, specific, and supported with particulars. Otherwise, continuation of criminal proceedings would operate as prejudice and oppression against the accused."
On the claim of caste-based humiliation, the judge pointed out that the alleged remarks were made inside the matrimonial home, not in public view, a legal requirement under the SC/ST Act. Referring to Supreme Court precedents, the court stressed that mere vague allegations cannot sustain charges under Section 498A IPC.
Justice Gupta added,
"It is a well-recognised fact that there is often a tendency to implicate all family members when domestic disputes arise. Courts must exercise caution to prevent misuse of legal provisions."
After weighing the evidence, the High Court concluded that the charges of cruelty, dowry harassment, and caste-based atrocities were unsubstantiated. It held that the continuation of the trial would amount to harassment of the accused.
Accordingly, the proceedings in Special Case No. 9/2022 arising from Patuli Police Station Case No. 52/2022 were quashed insofar as they related to the petitioners. All interim orders were vacated, and the case diary was directed to be returned to the State.
Case Title: Dr. Hiralal Konar & Anr. vs. The State of West Bengal and Anr.
Case No.: C.R.R. 2329 of 2022
