Another landmark judgment from Justice Dr. Arijit Pasayat as part of a three-judge bench.

Intro

1. Marriage took place on 25/11/1998
2. Appellant No.1 left for USA on 1/7/1999
3. Complaint was filed on 6/2/2000 under Sec.498A of the Indian Penal Code, 1860
4. Charge-sheet was filed on 8/6/2000
5. Divorce petition was filed by the complainant, which appears to have been granted ex parte on 12/7/2001
6. Complainant – Sukanya has remarried on 24/8/2002

 

Legal points enumerated by their Lordships are

1. No basis for making the allegations
2. No explanation for the delayed lodging of the complaint was offered.
3. 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
   1. “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,_2009