LAWS(CAL)-2022-7-12

SUDHIR CHANDRA MONDAL Vs. STATE OF WEST BENGAL

Decided On July 08, 2022
Sudhir Chandra Mondal Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Present revisional application has been directed for quashing of proceeding in respect of charge sheet No. 30 dtd. 31/3/2016 under sec. 498A of the Indian Penal Code corresponding to G.R. No. 99/2016, arisng out of Jamboni Police Station Case No. 16/16 dtd. 11/2/2016 under Sec. 498A of the Indian Penal Code (IPC) now pending before the learned Additional Chief Judicial Magistrate, 1st Court, Jhargram.

(2.) Petitioners have contended in the revisional application that opposite party no.2 lodged a written complain on 11/2/2016 to the effect that she was married to Suman Mondal on 18/2/2011 and present petitioner being the parents in-law used to instigate their son to break up the matrimonial relationship and on 10/2/2016 when the opposite party No. 2 along with her husband came to her in-laws house, the petitioners inflicted mental torture upon her.

(3.) Mr. Debasish Kar learned counsel for the petitioners submits that petitioners are no way connected with the alleged offence and on the date of alleged incident petitioner No. 1 was hospitalized. Moreover ingredients of sec. 498A of IPC are completely absent in the present case and statements made under sec. 161 of the Code of Criminal Procedure (Code) by the witnesses do not support prosecution case. He further submits that if the entire allegations in complain is taken to be true then also it does not disclose any offence against the present petitioners.