Criminal trial leaves scars even after acquittal: HC
Times of India | 22 October 2024
Kolkata: A criminal trial, even if it leads to an acquittal, inflicts “severe scars” upon the accused, the Calcutta High Court said while quashing proceedings against Hasin Jahan, estranged wife of cricketer Mohammed Shami, and two others on the ground that the prosecution was “wholly unfounded.” The complaint had been lodged by her own kin.
“No case is made out against any of the petitioners and the pendency of the proceeding against them before the magistrate would be an abuse of process of court.It is settled law that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution,” observed Justice Ajoy Kumar Mukherjee in a judgment on Oct 8.
The accused, Hasin Jahan, had approached the high court seeking quashing of the proceedings against her on the basis of a complaint filed by her sister and brother-in-law. According to the submissions made in court, Hasin was visiting her home in Birbhum’s Suri after the death of her brother in 2021.
Hasin’s counsel claimed that she filed a complaint against her brother-in-law for allegedly assaulting her and outraging her modesty on May 17, 2021. Her younger sister on Aug 7, 2021, filed a complaint against Hasin for alleged wrongful restraint, voluntarily causing harm and criminal intimidation.
Pointing finger at the chronology of events, her counsel Imtiaz Ahmed submitted that the FIR was a counterblast to the complaint filed by Hasin. The state had opposed quashing the FIR.
“Bald statement made in the complaint is sadly vague and it does not show as to which accused has committed what offence and what is the exact role played by each petitioner in the commission of the alleged offence,” the judge observed.