Another landmark judgment from Justice Dr. Arijit Pasayat as part of a three-judge bench.
Intro
- Marriage took place on 25/11/1998
- Appellant No.1 left for USA on 1/7/1999
- Complaint was filed on 6/2/2000 under Sec.498A of the Indian Penal Code, 1860
- Charge-sheet was filed on 8/6/2000
- Divorce petition was filed by the complainant, which appears to have been granted ex parte on 12/7/2001
- Complainant – Sukanya has remarried on 24/8/2002
Legal points enumerated by their Lordships are
- No basis for making the allegations
- No explanation for the delayed lodging of the complaint was offered.
- Even a cursory perusal of the complaint shows that the case at hand falls within the category (7) of the illustrative parameters highlighted in Bhajan Lal’s case
- “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.”
Sundar Babu & Ors vs State Of Tamil Nadu on 19 February, 2009
The reportable version of judgment is here.
Sundar_Babu_&_Ors_vs_State_Of_Tamil_Nadu_on_19_February,_2009Citations : [2009 SCC 14 244], [2010 SCC CRI 1 1349], [2009 ECRN SC 2 1288], [2009 AIOL 261], [2009 JT 13 666], [2009 SCALE 5 1], [2009 SCR 3 326]
Other Sources :
https://indiankanoon.org/doc/1091787/
https://www.casemine.com/judgement/in/575fd328607dba63d7e6c4d8
