DIPALI BOSE Vs. DEBAPRASAD BOSE

JUDGEMENT

(1.) The hearing arises from an application u/s 401 read with Section 482 Cr. P. C. filed by the petitioner praying for quashing the proceeding being Case No. C-477/2003 u/ss 448/323/354/506 I. P. C. pending in the Court of Ld. Judicial Magistrate, 2nd Court, Barasat.

(2.) The circumstances leading to the above application are that as the petitioner was subjected to torture, both physically and mentally by her husband-the Opposite P y, at her instance a proceeding u/s 498A I. P. C. was started. An illicit relation grew up between the Opposite Party and maid- servant Lipika Mondal, and on account of protest by the petitioner she was severely assaulted by him resulting in her hospitalization. A maintenance proceeding is pending in the Court of Judicial Magistrate, Barasat.

(3.) The Opposite Party instituted the aforesaid complaint case being No. C-477/2003 u/ss 448/323/354/506 I. P. C. against the petitioner alleging that on 17.04.2003 at about 11.45 a. m. the petitioner along with 7/8 persons entered into his room, abused him and the maid-servant Lipika with filthy language and assaulted them with fists, blows etc. Accused No. 2 Suhas Chowdhury drove him out of the room. When Lipika went to his rescue, accused No. 2 assaulted her with fists and blows and outraged her modesty by tearing her salwar-kameeze.