ASISH BERA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for quashing of G.R case no. 1366 of 2022 arising out of Dhantala Police Station Case no. 229 of 2022, dated April 17, 2022, under Sec. 498A/323 /307/313/406/34 of the Indian Penal Code read with Sec. 3/4 of the Dowry Provision Act, 1961, along with the charge sheet no. 4/2022, presely pending before the Court of Learned Additional Chief Judicial Magistrate at Ranaghat.

(2.) On 20/3/2022, the Opposite Party no. 2 made a complaint before the Sagar Police Station, 24 Parganas South alleging that after being engaged in a relationship with the petitioner no. 1 for about 12 years, the Opposite Party no. 2, and the petitioner no. 1 got married in accordance with the Hindu rites in a temple. After two months from such wedding, all the petitioners perpetrated terrible mental and physical torture on Opposite Party no. 2 on various pretexts. The Opposite Party no. 2 o 5 cast slurs on the character of the Opposite Party no. 2 and petitioner no. 4 who hauled hair of de-facto complainant and began to bang her head against the wall of the house, in an attempt to kill her. They also tried to pour kerosene on her body and to burn her to death. Somehow, she rescued herself and ran out of her matrimonial house and could save her life. She was treated as Sagar Rural Hospital. The petitioner no. 1 lives in Chhattisgarh for his work and he gives full support to the petitioners in their illegal activities. Her jewelleries were kept by petitioner no. 4, and also she was being threatened to be murdered if she tried to return home. It was further alleged that during her stay with her husband at Chhattisgarh, she was physically assaulted in an inhuman manner and was kept under lock and key in a rented accommodation and threatened to be thrown out. Finally, he refused to accept her as his wife. On the basis of which the complaint was lodged and was submitted on April 25, 2022.

(3.) A further complaint was lodged under Sec. 156(3) of the Cr.P.C before the Court of learned Additional Chief Judicial Magistrate Ranaghat, Nadia by the Opposite Party no. 2 with similar allegations excepting that the Opposite Party no. 2 went to her in-laws house on November 12, 2022, and they refused to accept her as their daughter-in-law and was not allowed to enter into the matrimonial house. The complainant had no contact with the present petitioner no. 1 for long time and hence he went to enquire about him in Chhatishgarh and found him a guest lecturer in a government College and from there ultimately she was brought to the rented accommodation of petitioner No.1, where she was confined in a room and was subjected to inhuman torture. After she contacted the local police who took the complainant for treatment at Raja Dev Saran Government Hospital. The fact further revealed that petitioner no. 1 went to the Police Station, apologised and took complainant back with him to his house. On February 21, 2022, when the father of the complaint went to bring her back for her sister s wedding, the petitioner no. 1 misbehaved with the complainant s father and threw them out and only then she informed the Superintendent of police on February 22, 2022 and left the place. On March 18, 2022, when she again returned to her matrimonial home with the hope of a domestic life, all the accused got hold of her hair, banged her head, and then tried to pour kerosene oil, and made attempt to burn her alive. Then the complaint was filed under Sec. 156 (3) of CPC and on completion of investigation the charge-sheet has been filed. Submissions