Calcutta High Court Quashes Case Against Wife - Taking care of one’s parents is an emotional and loving act

Kolkata, October 5, 2023 – In a landmark judgment today, the Hon’ble Justice Shampa Dutt (Paul) of the High Court at Calcutta quashed the criminal proceedings against Sampa Deb (Basu), a primary school teacher embroiled in a case related to marital discord and the place of residence.

The case, which involved charges under Sections 341, 323, and 506 of the Indian Penal Code, was primarily centered around the dispute concerning the family’s place of stay. Notably, the petitioner is the sole earning member of her family and has a mother who is 100% blind. Her husband, who is not employed and has no surviving parents, resides with the petitioner’s family.

The Court observed, "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 judgment emphasized the petitioner’s filial duty and the circumstances that supported her case.

During the hearing, it was revealed that the case diary contained no material to substantiate the alleged offenses against Sampa Deb (Basu). As a result, the court deemed continuing the proceedings as an “abuse of the process of law.”

The revisional application was allowed, and all charges against the petitioner were quashed. All connected applications were also disposed of, and any interim orders were vacated. A copy of the judgment will be sent to the Trial Court for compliance.

This case sets a precedent in recognizing the emotional and familial aspects involved in legal disputes, particularly those involving parents and children. It also serves as a reminder of the role of the judiciary in examining the broader context of familial responsibilities when making legal decisions.                                 

Date of Decision: 05.10.2023

Sampa Deb (Basu) vs State of West Bengal & Anr.