SWAPAN KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Both the criminal revisions are taken up together for brevity of discussion on the ground that parties of both the criminal proceedings are same. The private opposite party No. 2 Bnashree married the petitioner Dwaipayan Das on 27th of October, 2016 as per the provisions of Special Marriage Act 1954. The opposite party No. 2 lodged a written complaint with the O.C. Baguihati Police Station on 13th of October 2017 contending inter alia that her husband Dwaipayan Das inflicted physical and mental torture upon her since marriage and on that day i.e. on 13/10/2017 Dwaipayan assaulted the de-facto complainant Banashree and also tried to kill her. On the basis of the said complaint Baguihati Police Station Case No. 679/2017 dtd. 13/10/2017 u/s 498A/307 of IPC was started against Dwaipayan. Investigation of the police is started. It is the further allegation that during the investigation of that case a talk of settlement was arrived at between the parties and the de-facto complainant Banashree went to her matrimonial home on 26th of October, 2017 and started staying there on. On 14/12/2017 Banashree again lodged another written compliant with the O.C. Baguihati Police Station containing physical and mental torture inflicted upon her by her husband and in-laws during her stay at her matrimonial home. On the basis of such complaint another Baguihati P.S Case No. 773 of 2017 dtd. 14/12/2017 u/s 498A/506(ii)/406 of IPC was started against Dwaipayan and his parents. Now the husband and the in-laws of the de-facto complainant filed two separate applications before this court u/s 482 of the Code of Criminal Procedure for quashing both the criminal proceedings.