Riya Ray @ Roy & Anr. v. State of West Bengal & Anr., 2026
The judgment reinforces the duty of courts to curb mala fide prosecution arising from private or neighbourhood disputes.
Judgement Details
Court
Calcutta High Court
Date of Decision
2 February 2026
Judges
Justice Chaitali Chatterjee Das
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The petitioners, a mother and daughter, were involved in a neighbourhood dispute concerning locking of the main gate of a residential building.
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The petitioners had earlier lodged a complaint against the complainant’s husband.
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Subsequently, a counterblast complaint was filed by the complainant under Section 156(3) CrPC.
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The complaint was lodged after an unexplained delay of nearly four months, indicating mala fide prosecution.
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Allegations of assault, robbery, and attempt to murder were unsupported by medical evidence or recovery of weapons.
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Statements under Section 164 CrPC contained exaggerations and inconsistencies.
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The petitioners approached the High Court seeking quashing of FIR under Section 482 CrPC.
Issues
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Whether the criminal proceedings amounted to an abuse of process of law?
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Whether the FIR disclosed a prima facie case or was a counterblast complaint?
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Whether non-compliance with mandatory requirements under Section 156(3) CrPC vitiated the proceedings?
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Whether Section 354B IPC could be applied against female accused prior to the Bharatiya Nyaya Sanhita?
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Whether the allegations were mala fide prosecution and inherently improbable?
Held
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Criminal law cannot be weaponised to settle personal scores.
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Proceedings arising out of a counterblast complaint are liable to be quashed.
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The entire prosecution was vitiated by mala fide prosecution and legal infirmities.
Analysis
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The Court relied on Bhajan Lal principles to assess whether the case warranted interference.
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It reiterated that courts must prevent abuse of process of law at the threshold.
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Strict interpretation of Section 354B IPC upheld the principle that penal statutes must be narrowly construed.
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The judgment reinforces the duty of courts to curb mala fide prosecution arising from private or neighbourhood disputes.
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Proper invocation of inherent powers of High Court under Section 482 CrPC was necessary to prevent injustice.