PRALAY KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the charge sheet being no. 113/19 dtd. 31/8/2019 and the proceedings in connection therewith arising out of Coke Oven Police Station Case No. 71/19 dtd. 22/5/2019 pertaining to G.R. No. 773/19, under Sec. 498A/406/34 of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate at Durgapur, Paschim Bardhaman.

(2.) The petitioner's case is that the opposite party no. 2 is the wife of the petitioner no. 1 and the petitioner no. 2 is the mother of the petitioner no. 1, the petitioner no. 3, 4 and 5 are the brother of the petitioner no. 1 and the petitioner no. 6 is the married sister of the petitioner no. 1. It is pertinent to mention in this regard that the petitioner no. 2 that is the mother of the petitioner no. 1 is a lady aged about 92 years.

(3.) That the petitioner no. 1 got married to the opposite party no. 2 on 19/2/1995 as per Hindu rites and customs and some disputes cropped up between the petitioner no. 1 and the opposite party no. 2 which resulted in filing of a series of legal proceedings both by the petitioner no. 1 and the opposite party no. 2 against each other and/or their family members and admittedly the petitioner no. 1 and the opposite party no. 2 are living separately at their respective residences, since 2010 that is since the last 9 years or more. However, the petitioner no. 1 and the opposite party no. 2 mutually decided to settle their disputes permanently. In the meantime, the opposite party no. 2 apparently submitted a petition of complaint under Sec. 156(3) of the Criminal Procedure Code before the Court of the learned Additional Chief Judicial Magistrate at Durgapur on April 10, 2019 being M.P. Case No. 217/2019, and pursuant to directions passed by the learned Court in the said case the instant criminal proceeding was initiated being Coke Oven Police Station Case No. 71/19 dtd. 22/5/2019 pertaining to G.R. No. 773/19, under Sec. 498A/406/34 of the Indian Penal Code as against the petitioners herein.