SUVENDU MALLICK Vs. SHILPI MALLICK

JUDGEMENT

(1.) THIS revisional application was filed for quashing the proceedings pending in the Court of the Ld. Additional Chief Judicial Magistrate, Serampore, in G.R. Case No. 165 of 2015, arising out of Serampore P.S Case No. 51 of 2015 dated 27.01.2015 under Section 498A of the IPC.

(2.) THE petitioner No. 1 is the husband of the Defacto -Complainant. The petitioner No. 2 is the son of the petitioner No. 1. The petitioner Nos. 3 and 5 are the brothers of petitioner No. 1, while petitioner Nos. 4 and 6 are respectively the wives of those two brothers. The petitioner Nos. 1 and 2 are residents of 61, Raja Rammohan Roy Sarani, under Police Station Serampore, while all the remaining four petitioners are residents of 6G, Lenin Sarani, also under Police Station Serampore. In the FIR lodged by the complainant, she had stated that she had entered into a registered marriage with the petitioner No. 1 on 28th November, 2013 in presence of his son from his first marriage, being the petitioner No. 2. A translated version of the allegations made in the FIR in Bengali would read as follows: - -

(3.) IT has been contended on behalf of the petitioners that the FIR as lodged does not mention anything about any violence being used against the complainant, nor there is any allegation whatsoever that she was subjected to any cruelty in pursuance of any monetary or other dowry related demand. It is also contended that the FIR as such does not indicate any incident of mental or physical torture of such nature or magnitude as would drive the complainant to committing suicide or to cause serious injury to her mental or physical health, and therefore does not fulfil the requirements enumerated in explanations (a) and (b) to Section 498 -A of the IPC which reads as under: