Criminal proceedings against relatives quashed where matrimonial complaint disclosed no prima facie offence against them.

The petitioners sought quashing of Complaint Case No. 586C of 2021, pending before the Judicial Magistrate, 5th Court, Howrah, alleging offences under Sections 323/325/341/380/448/504/506/34 of the Indian Penal Code, 1860 (“IPC”).

The complaint arose from a matrimonial dispute between the opposite party and the sister of petitioner no. 2.

The complainant alleged that, on 23 July 2021, the accused persons assembled at his residence while he was away, and that, upon his return, they abused, assaulted and threatened him when his wife was leaving the matrimonial home with their children.

He further alleged that, after the accused persons left, gold ornaments, property documents and cash were found missing.

Police complaints allegedly produced no action, following which the opposite party instituted the complaint case.

The parties had also held reconciliation meetings and executed a memorandum of understanding dated 27 August 2021.

The petitioners contended that the dispute was essentially matrimonial and that the complaint disclosed no prima facie offence against them.

Whether the allegations in the complaint, taken at their face value, prima facie disclosed the commission of offences under Sections 323/325/341/380/448/504/506/34 IPC against the petitioners?

Whether continuation of the complaint proceedings against the petitioners would amount to an abuse of the process of court, warranting exercise of the High Court’s quashing jurisdiction?

The Court considered the alleged offences under Sections 323, 325, 341, 380, 448, 504, 506 and 34 IPC, which respectively concern voluntarily causing hurt, voluntarily causing grievous hurt, wrongful restraint, theft, house-trespass, intentional insult, criminal intimidation and acts done by several persons in furtherance of common intention.

The Court applied the principles governing quashing of criminal proceedings under the inherent jurisdiction of the High Court, relying on State of Haryana v. Ch. Bhajan Lal, 1992 Supp (1) SCC 335.

Under category (1) of Bhajan Lal, proceedings may be quashed where the allegations, even if accepted in their entirety, do not prima facie constitute an offence or make out a case against the accused; category (3) applies where the uncontroverted allegations and supporting material do not disclose the commission of any offence; and category (7) applies where the proceeding is manifestly mala fide or instituted with an ulterior motive.

The Court found that the allegations arose from a family and matrimonial dispute concerning the departure of the complainant’s wife and children from the matrimonial home.

Although an altercation allegedly occurred when the complainant attempted to prevent them from leaving, the Court held that the complaint did not prima facie establish the necessary ingredients of the alleged offences against the present petitioners.

Applying the Bhajan Lal principles, the Court concluded that the complaint and the surrounding circumstances did not disclose a sufficient case for continuation of the criminal proceedings against the petitioners, and that the proceedings therefore fell within the categories warranting quashing.

All connected applications were disposed of, any interim order was vacated, and a copy of the judgment was directed to be sent to the trial court for necessary compliance.