RITA BHATTACHARYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioners by filing an application under section 482 of the Code of Criminal Procedure sought for quashing of the proceeding in G.R. Case No. 1212 of 2000 under section 498(A)/406 of the Indian Penal Code now pending before the learned Sub-Divisional Judicial Magistrate, (re-designated as A.C.J.M.), Durgapur, District-Burdwan.

(2.) Grievances of the petitioners may briefly be stated as follows: The only son of the petitioners namely, Stabak Sundar Bhattacharjee got married to O.P. No.2 on 24th November, 1999. It was duly solemnised according to Hindu Rites and Customs Petitioners' son, Stabak, resides at Brookton, U.S.A., after marriage, Stabak left for U.S.A. on 05.12.1999. Opposite Party No.2 after getting Pass Port and Visa went to U.S.A. on 05.02.2000. An amount of Rs. 33,500/- was paid by the petitioners in connection with such journey of O.P. No.2 to U.S.A. This was acknowledged by the father of the O.P. No.2 by letter dated 16.02.2000. But O.P. No.2 did not like to stay with her husband in U.S.A., and within a very short time, after picking up quarrel with her husband in U.S.A., wanted to come back. Stabak was disgusted with such conduct of his wife and allowed his wife. O.P. No.2, Sumana to return to Durgapur on 04.04.2000. On 03.05.2000, Sumana informed her husband that she would like to go to Pondichery to meet her parents-in-law before joining her husband in U.S.A. Being accompanied by mother and mother's friend, Sumana went to Pondichery on 20.05.2000 and returned back on the following day. Thereafter, O.P. No.2, Sumana again went back to her husband on 18.07.2000. Her behavioural pattern, however, did not change and she, in fact, intensified her quarrel with husband. Stabak brought her Air ticket for second time on 14.08.2000 and she came back to Durgapur, Burdwan. After returning from U.S.A. on 15.08.2000 the O.P. No.2 filed an application before the learned Court of Sub-Divisional Judicial Magistrate, Durgapur on 05.09.2000 alleging, commission of offences under section 498A/406 of IPC. The learned Court on receipt of such complaint sent the same to the Police authority for investigation and Durgapur Police Station Case No.340 of 2000 dated 12.11.2000 under section 498A/406 of IPC, was, thus, started against the petitioners and their only son, Stabak.

(3.) Allegations made in the FIR are entirely false. But, on 15.01.2001 the petitioner No.2 was arrested at Pondichery and was, thereafter, let out on bail. Police authority after completion of investigation submitted charge sheet being Durgapur P.S. Case No.340/2000 dated 12.11.2000 under section 498A/406 of IPC. Learned Magistrate by order dated 03.05.2002 took cognizance of the said offences,