IBHA Das & Ors. Vs State of West Bengal & Anr. (Calcutta High Court)
The Calcutta High Court quashed criminal proceedings initiated under Sections 306 and 34 of the Indian Penal Code against four petitioners, including a Central Government employee working as a Tax Assistant in the Office of the Commissioner of Central Tax, GST and Central Excise, and her family members. The proceedings arose from allegations that financial disputes and mental pressure exerted by the petitioners had driven the husband of the de facto complainant to commit suicide.
According to the complaint, the deceased had sought repayment of an amount allegedly borrowed in 2008 by one of the petitioners. It was alleged that he was abused and assaulted by the petitioners, following which he committed suicide. The petitioners denied the allegations, contending that the criminal case was false, vindictive, and motivated by an existing dispute concerning ancestral property. They stated that prior to the suicide, the deceased and his son had allegedly entered their residence forcibly, assaulted members of the petitioners’ family, and that a separate criminal case had already been registered against them on the basis of complaints lodged by the petitioners.
The Court noted that the post-mortem report revealed no external injuries other than a ligature mark on the neck. It further observed that, during investigation, the de facto complainant had expressed a desire to withdraw the complaint and close the investigation. Nevertheless, a charge sheet had been filed under Sections 306 and 34 IPC.
