RABEYA BIBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant Criminal revisional application under section 482 of the Code of Criminal Procedure is for a quashing the criminal proceeding being G.R. Case No.290 of 1996 arising out of Bhupatinagore P.S. Case No.21 of 1996 dated 12.4.96 under sections 498A and 323 IPC read with sections 3 and 4 of Dowry Prohibition Act now punding before the learned Court below and this is at the instance of the accused-petitioners.

(2.) The case of the petitioner Nos.1, 2 and 3, who happened to be the mother-in-law, husband and father-in-law of the victim house wife respectively, was in brief that the petitioner No.2, a Homoeopath doctor by profession married the defacto complainant Asharani Bibi, a trained teacher, according to Muslim rights and customs in the year, 1994. Unfortunately, the marriage between the parties was not a happy one. It so happened that on 12.4.96 Asharani Bibi lodged FIR before the Officer-in-charge of Bhupatinagore P.S alleging inter alia that the petitioners demanded a sum of Rs.80,000/- as dowry from the father of the said house- wife. Since the father of the victim girl was unable to meet the demand, the petitioners inflicted torture, both physical and mental, on Asharani and she was not even given food. It was further alleged that the first pregnancy of Asharani was forcibly abortioned. According to the petitioners the marriage between Asharani and O.P. No. 2 Sk. Nazrul Islam took place on 22.7.94 according to Muslim rights and conventions, but unfortunately Asharani behaved in an abnormal and whimsical ways inasmuch as she never wanted to make adjustment with the petitioners and often left the matrimonial home at her own sweet will without informing the petitioners. Again, she often picked up quarrels with the petitioners on flimsy grounds. Hence being disgusted with Asharani, petitioner No.2 Sk Nazrul Islam gave her Talak on 2.1.95 before the Kazi, Muslim Marriage Registrar. According to the petitioners the house-wife thereupon concocted a story of torture on her by the petitioners and lodged a written FIR against the petitioners under sections 498A and 323 IPC and sections 3 and 4 of the Dowry Prohibitions Act, which gave rise to Bhupatinagore P.S. Case No.21 of 1996 dated 12.4.96. Hence the case for quashing the said P.S. case, and the entire criminal proceeding.

(3.) The only point requiring consideration was whether the G.R. Case No.290 of 1996 arising out of Bhupatinagore P.S. Case No.21 of 1996 dated 12.4.96 under sections 498A and 323 IPC read with sections 3 and 4 of Dowry Prohibitions Act should be quashed or not.