This is a quash judgment from Shri Dr.Arijit Pasayat J delivered based on the 7th category of cases, from Bhajan Lal case, that may be quashed is

(g) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

The said suit was decreed on 1.1.1993 ex parte in favour of appellant No.1. Time for filing appeal against the ex-parte decree dated 1.1.1993 under Section 28(4) of the Hindu Marriage Act, 1956 (in short the ‘Marriage Act’) expired on 31.1.1993.

In the complaint filed, the allegation is that the dowry torture was made some times in 1992. It has not been explained as to why for more than two years no action was taken. Further it appears that in the Complaint Petition apart from the husband, the mother of the husband, the subsequently married wife, husband’s mother’s sister, husband’s brother inlaw and Sunita’s father were impleaded as party. No role has been specifically ascribed to anybody except the husband and that too of a dowry demand in February, 1993 when the complaint was filed on 6.12.1994 i.e. nearly after 22 months.