ALUP KUMAR BHATTACHARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application has been directed under Sec. 482 of the Code of Criminal Procedure for quashing of the complain in connection with MDP All Women Police Station case 16 of 2018 dtd. 10/3/2018 under Ss. 498A/406/509 of the Indian Penal Code read with sec. 3, 4 of the Dowry Prohibition Act and also for setting aside the order dtd. 30/8/2019 and 31/9/2019 by which the learned trial Court has passed order relating to custody of the seized articles.

(2.) The petitioner no. 1 and the opposite party no. 2 herein got married on 20 th November, 2006 and they are blessed with a child who was born on 28/8/2008. Subsequently, the opposite party no. 2 instituted a matrimonial suit for dissolution of marriage and said matrimonial suit filed by opposite party/wife was decreed on contest in her favour on 6/2/2015. Though at the time of marriage, neither the petitioner no. 1 nor his family members demanded any dowry from the parents of opposite party no. 2, but some gold ornaments were given to the opposite party no. 2 by her parents and opposite party no. 2 had taken all those ornaments. She left her matrimonial home in the year 2012. After obtaining divorce decree, opposite party no. 2 initiated two proceedings, one under Sec. 125 of the Code of Criminal Procedure and another under the Domestic Violence Act. In spite of several proceedings initiated by respondent no. 2 against the petitioner no. 1, the petitioner tried to make reconciliation but all were in vein. Meanwhile, the opposite party no. 2 lodged another complain before the Kotwali Police Station on 10/3/2018 alleging that at the time of marriage, some dowry was demanded by petitioner 's husband and other family members. Petitioner 's husband and other family member had inflicted torture demanding more money. It is further alleged that the aforesaid articles were snatched from her and kept with the petitioner no. 2 and his wife. It is further alleged that on 11/2/2018, opposite party no. 2/wife went to the matrimonial home to get back streedhan articles from her husband but her brother-in-law did not allow her to enter into the house. She informed the said incident to her advocate and as advised, she lodged a complain before the local police station. However, the investigating officer without making proper enquiry, started a case being MDP All Women Police Station case 16 of 2018 as above.

(3.) Being aggrieved by the initiation of proceeding on the basis of complain, the present petitioner preferred this revisional application for quashing of the said proceeding. During pendency of this revisional application, the investigating officer submitted charge-sheet against the petitioners in connection with the aforesaid MDP All Women Police Station case No.16 of 2018 dtd. 10/3/2018 under Ss. 498A/406/509 of the Indian Penal Code.