BANDANA BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant revisional application has been filed for quashing of the charge-sheet being No. 4/2007 dtd. 29/4/2007 in connection with G.R. Case No. 84/07 pending before the learned Judicial Magistrate, 3rd Court at Asansol, District Burdwan (Presently Paschim Burdwan) arising out of Chittaranjan Police Station Case No. 2/07 dtd. 17/1/2007 under Sec. 498A/34 of the Indian Penal Code and Sec. 4 of the Dowry Prohibition Act.

(2.) The opposite party No. 2 being the wife of the brother of the petitioner had lodged complaint accusing her husband along with his mother and other married sisters to have tortured her on the pretext of providing inferior gold ornaments and other articles at the time of her marriage which demeaned the father of the opposite party No. 2 and herself socially. A goldsmith was engaged to assess the veracity of the ornaments and other articles given at the time of marriage. A further sum of Rs. one lakh was demanded to uphold the prestige of the family of the accused persons, as compensation at the insistence of the accused No. 2,4,5 and 6 in the presence of accused Nos. 1 and 7 named in the FIR. The opposite party No. 2 was assaulted by the accused No. 2 and 4 and demanded the aforesaid amount to be paid by the father of the opposite party No.2. The accused No. 1,3 and 4 termed the opposite party No. 2 to be the "daughter of a beggar" and the accused No. 2, 5 and 6 instigated the opposite party No. 2 to commit suicide. The torture as narrated in the complaint continued for further payment of Rs. 50,000/- in the month of December, 2005 and on such fulfillment the opposite party No. 2 was permitted entrance into the matrimonial house. After a lapse of one and half months the physical and mental torture still continued to subsist. Consequently, the opposite party No. 2 had to be treated by a doctor from 21/2/2006 to 24/2/2006. The intervention of the family members failed to resolve the matrimonial dispute unless the claim of further sum of Rs. one lakh was fulfilled which compelled the opposite party No. 2 to file a complaint petition under Sec. 156(3) on 11/12/2007.

(3.) The precise contention of the opposite party No.2 to have experienced physical molestation and mental torture inflicted by the present petitioner did not transpire from the averments in the complaint as to the specific role played by her, neither there is any reflection to that effect on the case diary. The cause title of the revisional application stated the petitioner to be a resident of 4/D iii/A, Type Hospital Sector, Dalli - Rajhara, District - Durg, Chhatisgarh - 491228 and the opposite party No. 2 to be residing at street No. 20B, Quarter No. 7A, Post Chittaranjan, Dist. Burdwan. The present petitioner did not reside in the same mess with the opposite party No. 2. Pertinently the coordinate Bench of this Court dismissed CRR 3313 of 2013 whereby it was observed as follows: