Karnataka High Court says no ‘mechanical arrests’ in matrimonial dispute cases

The Calcutta High Court has dismissed a criminal case against an Army soldier from Imphal, asserting that he cannot be compelled to face a false trial, especially since he was serving in Imphal at the time of the alleged incident in 2023. Justice Uday Kumar highlighted an official record that contradicted the complainant's allegations, rendering them uncredible.

The court emphasized that forcing a soldier to endure such an ignominious trial based on a false report is an unconscionable abuse of the judicial process. The dispute involved property issues and threats between neighbouring families, leading to both civil and criminal complaints. Although the soldier was physically present in Imphal during the time of the alleged assault, the FIR was drafted with a significant flaw that became evident during the investigation.

The court clarified that it is physically impossible for an individual to be in two locations simultaneously. The police's initial report, though omitting the soldier's name, still named him as a co-petitioner, which the court deemed a fatal defect in their handling of the case. The court allowed the case against the soldier's brother to proceed while quashing the charges against the soldier.