NILESH KUMAR AGARWAAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners have prayed for quashing of the criminal proceeding being Karya Woman Police Station Case No.10 dated 20th October, 2020 under Sections 498A/406/354/506 and 34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, corresponding to CGR Case No.3399 of 2020.

(2.) The petitioner No.1 is the legally married husband of the opposite party No.2. Marriage of petitioner and the opposite party No.2 was solemnized on 28th November, 2019. It is alleged by the opposite party No.2 that in the month of July, 2019, a pre-wedding ceremony was held at her paternal home where the husband and his family members took Rs.1,00,000/- in cash, gold ornaments, jewellaries, accessories and cosmetics from them. After marriage, she went to her maternal home at Siliguri.

(3.) Immediately after marriage, her parents-in-law demanded huge sum of money from the father of the opposite party No.2. On 6th December, 2019, her father-in-law demanded a sum of Rs.10,00,000/- in cash from her father for her wellbeing. He also directed that the said money should be paid to him through one Mr. Abhishek of B.C Jain Jewellers in Kolkata. The father of the opposite party was compelled to pay such money. Again, on 8th January, 2020 when the father of the opposite party No.2 went to Siliguri to see her, her father-in-law demanded further money and his father was compelled to pay a sum of Rs.5,50,000/- in all through one Abhishek of B.C Jain Jewellers, Kolkata. It is further alleged by the defacto complainant that her husband and matrimonial relations used to misbehave with her and taunt her over the qualities of articles that were given to her at the time of marriage. They also abused her parents. It is also alleged that the father-in-law of the defacto complainant once outraged her modesty by touching her in inappropriate manner when she was lying in her room. Other accused persons also abused her and threatened her with dire consequences. On 1st March, 2020, she was sent to her paternal home. Since then she has been staying in Kolkata. Her husband never came to bring her back to her matrimonial home. Her personal belongings, ornaments, jewellary and other stridhana properties are lying at her matrimonial home. The defecto complainant tried to contact her husband but he refused to talk to her. On 15th June, 2020, a meeting was held at her paternal home with her husband and other matrimonial relations. After the meeting, they told the defacto complainant that they would inform about their final decision regarding matrimonial relations between the defacto complainant and her husband. However, they refused to make any contact with the defacto complainant. The defacto complainant has also given a detailed list of her sridhan properties in the FIR.