BARNALI MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Present application under Sec. 397/401 read with sec. 482 of the Code of Criminal Procedure has been preferred for quashing of proceeding being Complaint Case No. C-309/2018 now pending before the Court of the Learned Judicial magistrate, 3rd Court, Sealdah, South 24 Parganas.

(2.) It has been contended by the petitioner that petitioner No. 1 was married with the opposite party no. 2 for the first time on 10/12/2012. After few days of marriage petitioner No. 1 observed stark difference in the conduct of opposite party no. 2 who also confessed to the petitioner no. 1 herein that he is an alcoholic. He has illicit relationship with other women. In or about June, 2013 she was forced to consume the medicinal pills by the opposite party no. 2 for abortion of the foetus and the petitioner no. 1 was subjected to immense physical and mental agony and petitioner no. 1 got depressed due to forceful abortion. Being unable to cope with the aforesaid tragedy, the petitioner No. 1 requested the opposite party No. 2 for dissolution of marriage and accordingly their matrimonial tie got dissolved by decree of mutual divorce on 20/4/2016.

(3.) Petitioners further contended that parents of the opposite party no. 2 were the neighbours of the petitioner no. 2 and her husband as they belonged from the same locality and used to meet at short intervals. Thereafter petitioner no. 1 fell into the trap of the assurance given by the opposite party no. 2 and his family . On 19/7/2017, the social marriage of the petitioner no. 1with opposite party no. 2 again took place for the second time. However after one week of marriage the dreams of the petitioner no. 1.,of having a peaceful conjugal life was shattered once again, and the opposite party no. 2 disclosed that the only reason he got married to the petitioner no. 1 for the second time is to teach her a lesson. Thereafter opposite party no. 2 in connivance with his parents started inflicting brutal physical assaults on the petitioner no. 1 and also subjected her immense humiliation. The atrocities made out against the petitioner no. 1 crossed all limits when she was mercilessly assaulted by the opposite party no., 2 and his family members on 19/6/2018. Petitioner no. 1 at that time somehow managed to escape from her matrimonial house and returned to her parental home. The petitioner no. 1 was constrained to undergo a medical check-up due to such assault at the NRS medical College Hospital , Kolkata.