NASIM UDDIN MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure filed by the accused/petitioner praying for quashing of a criminal proceeding being Pandua P.S Case No.285 dtd. 8/7/2021 under Ss. 498A/494/406/34 of the IPC corresponding to GR Case No.1447 of 2021 and Pandua P.S Case No.469 dtd. 28/10/2021 under Ss. 498A/506/509 of the IPC corresponding to G.R Case No.2419 of 2021.

(2.) For proper appreciation of the circumstances leading to the filing of the instant criminal revision, the following facts are necessary:-

(3.) Nagris Molla lodged a written complaint on 8/7/2021 against her husband, petitioner herein, parents-in-law and other matrimonial relations alleging, inter alia, that her marriage with the petitioner was contracted on 3/3/2021 according to Mohammedan Personal Law. On the next day of marriage the opposite party No.2 was taken to Surat by the petitioner. Before marriage the petitioner informed the opposite party No.2 that previously he married to anther lady and her first marriage was dissolved by pronouncement of talak and he had no relation with his first wife. It is alleged by the opposite party No.2 that she stayed happily with her husband and other matrimonial relations in Surat only for two days. On the third day, her husband, parents-in-law and other matrimonial relations forcibly took away her ornaments, a sum of Rs.35,000.00 which she had brought from her father's house and valuable documents, viz., Voter Card, Aadhar Card, Pan Card, School Certificates etc. On the next day she was taken to another house where was found that the first marriage of her husband was still subsisting and the first wife of her husband was residing at Surat. When the opposite party No.2 asked her husband as to why he had married to her with false assurance, her husband assaulted her, confined her in a room and even did not offer her proper food. The opposite party No.2 somehow informed the incident to her elder brother and he immediately reached Surat, rescued the opposite party No.2 and took her to her paternal home. It was also alleged by the opposite party No.2 that the petitioner had threatened her that he would circulate morphed photograph of the opposite party No.2 in social media through internet. On the basis of the said complaint Pandua P.S Case No.285 of 2021 was registered against the petitioner and other matrimonial relations of the opposite party No.2 under Ss. 498A/494/406/34 of the IPC. Be it mention here that on conclusion of investigation police submitted charge-sheet against the petitioner and other accused persons under Ss. 498A/34 of the IPC.