MITHU DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the proceeding being A.C. No.4119/19 under Ss. 420/406/467/468/471/120B/34 of the Indian Penal Code, 1860 presently pending before the learned Judicial Magistrate, 7thCourt, Alipore, South 24 Parganas and all orders including order dtd. 30/7/2019 therein.

(2.) The petitioner's case is that she is the wife of Siddhartha Bhuiya, (hereinafter referred to as 'Complainant/Opposite Party') and the marriage between the couple was solemnized in the year of 1999. Due to tremendous torture since marriage it became impossible for her to tolerate any further and ultimately on or about 14/5/2019 (after 29 years), she was compelled to lodge a complaint with the Officer-in-Charge, Lake Police Station, registered as Lake Police Station Case No.78/19 dtd. 14/5/2019 for investigation, against the complainant/opposite party for commission of offences punishable under Ss. 498A/323/324/506 of the Indian Penal Code, 1860.

(3.) It is stated that as a counter blast to Lake Police Station Case No.78/19 dtd. 14/5/2019, the complainant/opposite party/husband initiated the instant complaint case being A.C. No.4119/19 under Sec. 200 of the Code of Criminal Procedure, 1973 on 22/7/2019 before the learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas against the accused/petitioner and others for commission of the alleged offences punishable under Ss. 420/468/471/120B/34 of the Indian Penal Code, 1860. The mala fide of the complainant/opposite party will be palpable from the fact that he initiated the impugned criminal proceeding purposely suppressing his relation with the accused no.2 (his mother-in- law).