LAWS(CAL)-2023-6-127

BISWANATH BASU Vs. SUPRABHAT KUNDU

Decided On June 12, 2023
Biswanath Basu Appellant
V/S
Suprabhat Kundu Respondents

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the proceedings in connection with Complaint Case No. AC-2887 of 2019 under Ss. 341/323/506/34 of the Indian Penal Code pending before the Court of the Learned Judicial Magistrate, 6th Court, Alipore, South 24 Parganas and all orders passed in connection therewith including order dtd. 24/4/2019 whereby the Learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas was pleased to taken cognizance against the accused persons/petitioners herein under Sec. 341/323/506/34 of the Indian Penal Code.

(2.) The petitioner's case is that the marriage of the daughter of the Petitioners No. 1 and 2, namely, Lipika Basu was solemnized with the Opposite Party 1/2/2009 as per the Hindu Rites and Custom. Said Lipika Kundu and the Opposite Party have 2 (two) daughters, the elder daughter is 9 years old and the younger daughter is 5 years old. The Petitioner No. 1, Petitioner No. 2, Petitioner No. 3 herein are the father - in-law, mother-in-law and brother-in-law of the Opposite party respectively.

(3.) It is alleged that Lipika Kundu, wife of the complainant soon after her marriage was subjected to immense torture and mental cruelty. The Opposite Party in an inebriated condition has committed such monstrous acts, and the incident reached its saturation point when the Opposite Party as well as the other in laws of said Lipika Kundu, threw the said lady out from her matrimonial home, and segregated her from her young children.