MALANCHA MOHINTA Vs. DIPAK MOHINTA

JUDGEMENT

(1.) This revisional application under sec. 482 of the Code of Criminal Procedure, 1973 is a fall out of a matrimonial discord between the petitioner and the opposite party. The petitioner/wife by filling this application under sec. 482 has sought for quashing of the proceeding in Case No. AC 968 of 2009 (TR No. 225 of 2009) under sec. 500 of the Indian Penal Code, filed by the opposite party against the petitioner, now pending before learned Judicial Magistrate 9th Court, Alipore, South 24 Parganas.

(2.) A synoptical resume of petitioner's case is that, the petitioner got married to the opposite party on 29/11/1990 according to Hindu Rights and Customs. Soon after the marriage the opposite party subjected the petitioner to physical and mental torture on the demand of dowry from her paternal house. On 15/11/1994 petitioner gave birth to a female child. She made constant effort to adjust with the opposite party to maintain a peaceful conjugal life but the opposite party continued to torture her and on 25/4/1997 the petitioner along with her minor child were driven out from her matrimonial home on being abused and assaulted by the opposite party and his elder brother.

(3.) The petitioner lodged a written complaint on 25/4/1997 before the Office-in-Charge at Behala Police Station which was registered as Behala Police Station Case No. 248 (4) 1997, under sec. 498A of the Indian Penal Code. In connection with the said case opposite party was arrested on 27/4/1997. On completion of investigation police submitted charge sheet No. 105 dated 04. 06.1997 against the opposite party/husband and his elder brother. Learned Sub Divisional Judicial Magistrate at Alipore took cognizance of the offence and transferred the case to the learned Judicial Magistrate 9th Court, Alipore.