The Calcutta High Court has held that taking care of parents is an emotional act and that no force in the world can stop a child from doing it and no one cannot force is he/she does not want to.

The Court was deciding a revision preferred for quashing the proceeding under Sections 341/323/506 of IPC against the petitioner whereby the cognizance was taken by the Chief Judicial Magistrate.

A Single Bench of Justice Shampa Dutt (Paul) observed, “Taking care of one’s parents is an emotional and loving act. No force in the world can stop a child from doing it and no child can be forced to do so, if he or she does not want to. 15. In the case diary there is absolutely no material on record to prima facie substantiate the offences alleged against the petitioner and thus permitting the proceedings to continue will clearly be an abuse of the process of law.”

Advocate Pradip Kr. Mandal represented the petitioner while Public Prosecutor Saswata Gopal Mukherjee represented the State.

The petitioner’s case was that her husband lodged a written complaint that his wife and his son were living in his father’s-in-law house for six years. When he wanted to keep in touch with his son, he was driven out from the house by his wife. Then his wife came to his house in and beat and threatened him. This gave rise to the case.

The High Court in view of the facts and circumstances of the case noted, “The impugned proceeding including impugned Charge Sheet No. 648/16 dated 31.03.2016 under Sections 341/323/506 of the Indian Penal Code against the petitioner in respect of the G.R. Case No. 6024 of 2015 whereby the cognizance is taken by the Learned Chief Judicial Magistrate, Baruipur, South 24 Parganas, is quashed.”

Accordingly, the Court allowed the revisional application and vacated the interim order.

Cause Title- Sampa Deb (Basu) v. The State of West Bengal & Anr.

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