ABHIJIT PALIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisions has been preferred praying for quashing of the proceedings being ACGR No. 5166 of 2016 arising out of Thakurpukur Police Station Case No. 319 of 2016 dtd. 1/9/2016 registered for investigation into offences punishable under Ss. 498A/406/34 of the Indian Penal Code, 1860 and Sec. 4 of the Dowry Prohibition Act, now pending before the Court of Learned Additional Chief Judicial Magistrate Alipore, South 24 Parganas.

(2.) The petitioners case is that the petitioner No. 1 is the ex-husband of the Opposite Party No. 2. The Petitioner No. 2 is the ex-father in law, petitioner No. 3 is the ex-mother in law, of the Opposite Party No. 2. The petitioner No. 2 is a retired Sub Inspector of Central Industrial Security Force and is a disciplined member of Para-Military force and he has also been conferred with the President Police Medal for Meritorious Service to the Nation along with two other Medals from Government of India.

(3.) The petitioner No.1 and the opposite party no. 2/ex-wife got married on 27/2/2015 at Kanpur at the paternal house of the bride as per Hindu rites and customs. The marriage was an arranged marriage. Subsequently the marriage was registered on 13/3/2015. The opposite party no. 2 has never been desirous to live her conjugal life and always used to magnify trifle issues. Since after the marriage the petitioners have been subjected to both physical and mental torture and cruelty by the Opposite Party No. 2 by way of adopting different methods including the demand that the petitioner no. 1 has to separate his mess from his parents being petitioner nos. 2 and 3. While the Opposite party no. 2 was pregnant, she went to her parent's house and on 20/10/2015 on the day of 'Saptami' (Durga Puja), the Opposite Party along with her brother in law, Angshuman Roy and sister Nandita Roy visited the house of the petitioners and wanted Rs.1,00,000.00 to be deposited in her bank account. Since the petitioners were unable to meet such demand, they were abused in filthy language followed by threats that in the event they dare to inform any authorities then she will abort the child. However with the expectation of future happiness no complaints were lodged concerning the said unruly and untenable behavior of the Opposite party No. 2. On the contrary she had been provided with every sort of support and care.