SONOYAR MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application u/s 482 of the Code of Criminal Procedure for quashing of a proceeding being GR No. 513 of 2016 arising out of Khanakul Police Station P.S Case No. 99 of 2006 dtd. 25/11/2006 u/s 498A/306/34 of IPC.

(2.) The brief fact of the case is that on the basis of a written complaint of OP 2 on 25/11/2006, a police case was registered by Khanakul Police Station vide Khanakul Police Station Case No. Case No. 99 of 2006 dtd. 25/11/2006 u/s 498A/306/34 of IPC. The petition of complaint contends inter alia that the complainant's daughter Jahanara Begam aged about 35 years was married with petitioner No. 2 before 9 years ago according to Muslim Rites and Custom. After some years of marriage the complainant's said daughter was being tortured by the petitioners both mentally and physically over the issue of their family matter; on 13/10/2006 night at about 02 hours Jahanara Begam set fire on her person due to torture by the petitioners. She was admitted at Uluberia SD Hospital and from their shifted to nursing home at Jaypur. On 29/10/2006 she was brought back at her husband's house, proper care was not taken. On 25/11/2006 at about 14 hours she was expired. The present petitioner No. 1 is the father- in-law of petitioner No. 2 is the husband and petitioner No. 3 is the mother-in-law of the deceased. During the continuation of the instant revision petitioner No. 3 died thus the instant revision is abated against her.

(3.) The investigation of the police was ended in charge sheet against the all accused persons u/s 498A/306/34 IPC. Learned Advocate for the petitioner submitted before this court that the FIR as well as the charge framed against the petitioner is false and concocted. The investigating agency without properly investigating the matter filed the charge sheet.