RUPAK BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revision has been preferred praying for quashing of the criminal proceeding in G.R. Case No. 1045 of 2016 arising out of Suri Police Station Case No. 380 of 2016 dtd. 3/11/2016 under Ss. 498A/323/324/313/307/34 of the Indian Penal Code read with Sec. 3/4 of the Dowry Prevention Act along with charge sheet No. 97 of 2017 dtd. 30/4/2017 under Sec. 498A/323/34 of the Indian Penal Code, 1861 read with Ss. 3/4 of the Dowry Prevention Act now pending before the learned Judicial Magistrate, 3rd Court, Birbhum, Suri.

(2.) The petitioner's case is that the marriage between the parties took place on 4/4/2009 and was registered on 22/4/2009. The relationship deteriorated after their marriage and opposite party no. 2/wife started misbehaving with the petitioner no. 1/husband. On 12/10/2015 she on her own left her matrimonial home. Inspite of their best efforts/attempts to bring her back, she refused to return. The petitioner no. 1 then filed a suit for divorce (Matrimonial Suit No. 941 of 2016) before the learned District Judge, Howrah. On the basis of a false complaint filed by the opposite party no. 2, Suri Police Station Case no. 380 of 2016 was started against the petitioners under Sec. 498A/323/324/313/307/34 of the Indian Penal Code.

(3.) Inspite of service the opposite party has chosen not appear in this case too. (Other being the MAT suit).