MOHAN DHARA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against an order dtd. 20/2/2017 and the proceeding in connection with Kotwali Police Station Case No. 870 of 2013 dtd. 5/11/2013 under Ss. 498A/315/109 of the Indian Penal Code, 1860, which was registered on Kotwali Police Station Charge Sheet No. 241 of 2015 dtd. 9/3/2015 under Ss. 498A/315/109 of the Indian Penal Code, 1860 and Ss. 3 and 4 of the Dowry Prohibition Act, now pending as G.R. Case No. 3636 of 2013, before the Learned Chief Judicial Magistrate, Sadar Court, Paschim Medinipore.

(2.) The petitioners' case is that the opposite party no. 2/wife in her written complaint alleged that the petitioners being the husband and in- laws of the opposite party no. 2 have committed serious matrimonial torture upon her and have forced her to pay dowry. It was further alleged that petitioner no. 1 tried to destroy her advanced stage pregnancy.

(3.) The petitioners submit that the marriage between the opposite party no. 2 and the petitioner no. 1 was solemnized on 12/12/2012 as per Hindu Rites and Customs. Since the opposite party no. 2 was not willing to reside with the joint family, the petitioner no. 1 for the purpose of maintaining peace was residing separately with the opposite party no. 2 as husband and wife at Golapi Chowk, P.S. Kotwali, Paschim Medinipore.