Section 498A · 1 February 2026
Second Criminal Complaint on Self-Same Matrimonial Incident Is Unsustainable & Abuse of Process
High Court at Calcutta · 2026 LiveLaw (Cal) 29
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The wife had previously lodged an FIR alleging dowry harassment and matrimonial cruelty. Following earlier proceedings, she filed a second criminal complaint on the self-same matrimonial incident.
The Calcutta High Court ruled that a second criminal proceeding on the "self-same incident" with identical allegations cannot be sustained and constitutes an abuse of the process of law.
Relevant provisions: Section 498A IPC (Section 85 BNS) / Section 482 CrPC (Section 528 BNSS)
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