PARTHA SARATHI SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner being the husband/accused filed this Criminal Revisional application under Sec. 482 of the Code of Criminal Procedure, 1973 seeking quashing of First Information Report, Charge-Sheet and Order of cognizance taken by the Learned Chief Judicial Magistrate, Barasat, North 24-Parganas in connection with the proceeding arising out of New Town Police Station Case No.367 dtd. 11/10/2021 under Ss. 498A/406 of the Indian Penal Code, 1860 and Ss. 3/4 of the Dowry Prohibition Act, 1961 corresponding to G.R. 3734 of 2021 pending before the Learned Chief Judicial Magistrate, Barasat.

(2.) The case of the petitioner, in brief, is that on 11/10/2021, a written complaint was lodged by the petitioner's wife, Puja Saha (Ghosh) alleging, inter alia, that the complainant married with the petitioner according to Hindu Rites and Customs on 18/11/2015. Since their marriage, she has been subjected to physical and mental torture by the petitioner and her in-laws continuously demanding more dowries. Lastly on 10/10/2021 at about 8.00 am, she was physically assaulted and driven out from her matrimonial home only with single clothing, when she asked to go to her parental house during the Puja on 9/10/2021.

(3.) The learned Advocate appearing on behalf of the petitioner submitted that no sufficient materials were collected during the investigation against the petitioner regarding physical and mental torture upon the opposite party no. 2/wife. The allegation of assault or being driven out is completely false and fabricated. She herself left the matrimonial home even after expiry of six years of her marriage without any sufficient reason or cause. She did not inform the petitioner or in-laws.