SUBHARUP GUHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Proceeding in C.GR Case No. 1060 of 2012 under Sections 498A/406 pending before the learned Chief Judicial Magistrate, Alipore, District- South 24-Parganas corresponding to Lake Police Station Case No. 70 dated 11th March, 2012 under Section 498A/406 of the Indian Penal Code has been assailed.

(2.) The prosecution case as alleged in the First Information Report lodged by opposite party no. 2 is as follows :

(3.) It is alleged at the time of marriage a large number of articles including jewelries, furniture and other accessories were given as dowry as per the demands of the petitioners. As the husband of opposite party no. 2 was working abroad even the air tickets were purchased by the father of the opposite party no. 2. From the second day after the marriage reception i.e. from 22nd June, 2007 petitioner no. 2 started provoking to petitioner no. 1 against opposite party no. 2 and her family members. She stood in the way of normal intimacy between the couple. She mentally tortured opposite party no. 2 and abused her family members in filthy language. On 15th August, 2007 petitioner no. 1 asked her to go out of the house as petitioner no. 2 did not like her. She was saved by her father-in-law. (since deceased). Streedhan articles were entrusted to the petitioner no. 2 immediately after she went to the matrimonial home. Even during her honeymoon, she was subjected to mental and physical torture by petitioner no. 2. She finally left her matrimonial home in Kolkata for USA in the month of September, 2007.