NIKUL CHANDRA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application under Section 482 of the Code of Criminal Procedure (in short the Code) filed by the petitioners is aimed at quashing the criminal proceeding being G.R. Case No. 602/04 arising out of Pandaveswar Police Station (in short P.S.) Case No. 42/04 dated 23.6.04 under Sections 498A/307 of the Indian Penal Code (in short I.P.C.) which is now pending before the Court of the learned Additional Chief Judicial Magistrate (hereinafter called the ACJM), Durgapur.

(2.) Before entering into the merit of the revisional application, it would be fruitful to mention the facts as disclosed in the First Information Report (in short FIR) lodged by the wife Chaitali Ghosh, the de facto complainant, who was not made a party in this revisional application.

(3.) The facts as disclosed in the FIR, in short, is that the de facto complainant Chaitali Ghosh was married with one Amitava Ghosh, son of Gourisankar Ghosh of Suri, West Khottabazar on 28.6.99. At the time of marriage, father of the de facto complainant paid Rs.2 lakhs in cash, gold ornaments weighing about 20 bhories and other articles and furnitures worth about Rs. 50.000/- as 'joutuka' in the marriage to the husband party. After marriage the de facto complainant was staying with her husband in her matrimonial home. A few months after the marriage, her father-in-law told her to bring a diamond ring and a scooter for the journey of his son Amitava Ghosh for his profession. Amitava Ghosh, husband of de facto complainant is a lawyer in Suri Court. Father of the de facto complainant expressed his inability to pay the diamond ring and scooter and the said refusal paved the way of torture on de facto complainant in various ways.