Allegations Under Bharatiya Nagarik Suraksha Sanhita, 2023 Found Unsustainable Against Petitioners Not Related to Complainant's Husband
In a significant judgment, the Calcutta High Court quashed the FIR against Purba Chatterjee and others, who were accused under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court ruled that the allegations against the petitioners, who are neither the husband nor relatives of the complainant's husband, could not be sustained, thereby ending a legal battle rooted in allegations of matrimonial discord.
The case arose when the complainant, identified as OP no.2, lodged a complaint alleging that her husband, accused no.1, maintained an illicit relationship with petitioner Purba Chatterjee. It was further claimed that the petitioners, along with the complainant's husband, engaged in coercion, intimidation, and extortion. However, the court found that the FIR primarily targeted the complainant's husband and no specific criminal acts were attributed to the petitioners.
Justice Dr. Ajoy Kumar Mukherjee, presiding over the case, highlighted that the essential ingredient to constitute an offence under Section 85 of the Bharatiya Nagarik Suraksha Sanhita requires the perpetrator to be either the husband or a relative of the complainant's husband. Since the petitioners did not meet this criterion, the proceedings against them could not stand. Furthermore, the allegations under Sections 305 and 351(3) were also found to be directed solely at the complainant's husband, with no evidence of the petitioners' involvement.
The court observed that the FIR and subsequent proceedings appeared to be motivated by malafide intentions, possibly to harass the petitioners, who are students and researchers unrelated to the complainant's matrimonial issues. The judgment emphasized the need to prevent the misuse of the criminal justice system as an instrument of harassment or private vendetta.
In conclusion, the court quashed the FIR and proceedings against Purba Chatterjee, Ayan Mazumder, Surajit Biswas, and Soham Dasgupta, allowing them to return to their academic and professional pursuits without the burden of the allegations.
Bottom Line :
Allegations under Section 85 of Bharatiya Nagarik Suraksha Sanhita, 2023, cannot be sustained against persons who are neither the husband nor relatives of the husband of the complainant.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 85, 305, 351(3), 3(5)
Purba Chatterjee v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2967666
