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by Admin
07 May 2024 2:49 AM
The Calcutta High Court today quashed the criminal proceedings against Dr. Ajay Kumar Arya under Section 498A of the Indian Penal Code, citing a lack of specific allegations and characterizing the charges as general and omnibus.
The court deliberated on the application of Section 498A IPC, which is designed to protect married women from cruelty by their husbands or his relatives. The court noted the increasing misuse of this provision in matrimonial disputes, echoing sentiments from several precedent judgments.
Dr. Arya was accused by his wife of mental torture and threats. The charge sheet filed by the police under Section 498A IPC postulated harassment and cruelty aimed at coercing her on property matters. The allegations, as highlighted in the charge, also included neglect towards the children’s expenses, which Dr. Arya contested by demonstrating ongoing financial support.
Justice Shampa Dutt (Paul) meticulously assessed the submissions and evidence presented. Citing significant rulings such as Kahkashan Kausar @ Sonam & Ors. Vs. The State of Bihar & Ors., and Arnesh Kumar Vs. State of Bihar and Anr, the judgment emphasized the courts’ responsibility in preventing misuse of legal provisions intended for protection against actual cruelty. The court pointed out that:
The allegations must be specific a”d demonstrable, rather than broad and generalized, which could unjustly entangle individuals in protracted legal battles.
Misuse of Section 498A IPC has been a concern, often resulting in unnecessary legal skirmishes over trivial matrimonial issues.
It was evident from the case records and submissions that the allegations were not substantiated with requisite specificity or evidence that unequivocally indicated cruelty or harassment as defined under the IPC.
Decision: Justice Dutt concluded that the proceedings against Dr. Arya were primarily based on unspecific accusations lacking substantial legal merit. Accordingly, the court quashed the criminal proceedings under GR No. 2992 of 2016, including the related charge sheet and orders by the lower court. The decision underscores the judiciary’s role in safeguarding against the potential for legal provisions to be wielded as tools of personal vendetta.
Date of Decision: May 1, 2024.
Dr. Ajay Kumar Arya Vs The State of West Bengal & Anr.
