SUBODH CHANDRA DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners are the parents-in-law, uncle-in-law, aunt-in-law and the husband of the defacto complainant/opposite party No.2 has filed the instant criminal revision under Sec. 397 read with Sec. 482 of the Code of Criminal Procedure praying for quashing of the criminal proceedings instituted against him on the basis of a police report/chargesheet No.63/2021 dtd. 24/6/2021 under Ss. 498A/406/506/34 of the IPC and Ss. 3 and 4 of the Dowry Prohibition Act arising out of a Coke Oven Police Station Case No.107/2021 dtd. 12/6/2021 corresponding to GR Case No.966 of 2021.

(2.) It is not in dispute that marriage of the opposite party No.2 was solemnized with the petitioner No.5 on 28/2/2021 according to Hindu Rites and Ceremonies. The opposite party No.2 has been residing at her paternal home since 27/4/2021. On 12/6/2021 the opposite party No.22 lodged a written complainant with the Officer-inCharge, Coke Oven Police Station, Durgapur stating, inter alia, that immediately after her marriage, her husband and her parents-in-law held a meeting with her on 3/3/2021 wherein she was informed that at the time of marriage her husband did not take any dowry from her paternal home. Therefore, she would have to bring a sum of Rs.5.00 lakhs from her matrimonial home for setting up of a medicine shop. The defacto complainant failed to bring such huge amount of money from her paternal home. Thereafter her father-in-law, mother-in-law and husband started to treat her with cruelty both physically and mentally. The uncle-in-law and his wife instigated other accused persons in perpetrating torture upon the defacto complainant. On 27/4/2021 she was compelled to leave her matrimonial home to save her life. On 5/5/2021 the father-in-law of the defacto complainant sent a letter by e-mail to the defacto complainant directing her to return her matrimonial home immediately failing which he would circulate the said letter in public in the locality. The said letter is an example of mental cruelty upon the complainant.

(3.) Investigation of the case was carried on by the police attached to Coke Oven Police Station and on completion of investigation police submitted charge-sheet under the penal provisions mentioned above against the petitioners.