MADHAVI MAHESH KALRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present application under sec. 528 of the BNSS has been filed by the petitioner taking an exception to the proceeding being New Market P.S. Case no. 10 of 2023 dtd. 17/1/2023 under sec. 306 of the IPC corresponding to GR. (s) case no. 57 of 2023, presently registered as Sessions Case no. 73 of 2024, pending before learned Fast Track, Second Court at Calcutta.

(2.) Written complaint was filed on 2/1/2023 by the Opposite Party (in short OP) no.2 with allegations to the effect that the brother of the defacto complainant namely Mahesh Kalra was married to the present petitioner on 22/12/1999 at Mumbai. It is alleged in the complaint that the petitioner is a quarrelsome wife and insisted the deceased brother of the defacto complainant to reside separately. As such the petitioner and said Mahesh Kalra used to reside at a different place and meanwhile they were blessed with a male child on 4/12/2005. It is further alleged that the petitioner used to harass her said husband Mahesh Kalra by torturing him both physically and mentally. One house was bought at Powai, Mumbai with the aid of his father and the defacto complainant in the name of deceased Mahesh Kalra. It is further alleged in the complaint that said Mahesh Kalra who was a patient of depression was subjected to threat on a regular basis by the petitioner that he would be thrown out of the said house. On 12/10/2022, the defacto complainant got a call from Kolkata that he is required to come to Kolkata immediately as his brother Mahesh is caught at Park Street Metro Station for attempting to commit suicide by way of jumping in front of a running metro train. As a result of such incident one leg of Mahesh got amputed and finally on 18/10/2022, Mahesh Kalra succumbed to the injuries sustained in the course of the unfortunate incident.

(3.) Complainant further stated in the complaint that smelling foul play on the part of the petitioner and after getting to know that the deceased Mahesh Kalra did consume sleeping pills even one week before the incident of his attempt to commit suicide at the metro station, due to harassment of the petitioner the defecato complainant lodged the instant complaint against the petitioner, alleging commission of offence of abetment to suicide. The deceased was a sensitive person and a patient of depression and as such in order to get rid of the deceased, the petitioner filed a petition for divorce before the Family Court at Bandra, Mumbai, wherein it has been mentioned that after the sale of residential flat at Powai Mumbai, 50% each will be proceeded towards the petitioner and towards the deceased which is valued at Rs.3.00 crores. In such circumstances after the foreclosure of loan in respect of the said flat the petitioner started torturing deceased mentally. Further it is alleged that before the death of the deceased, the petitioner quarrelled with the deceased and did not even follow up after the unfortunate incident and that the petitioner did so to enjoy the fruits of her crimes. The petitioner, is an adamant and short tempered person, who is fond of lavish independent life and she has a habit of going to pubs and night clubs along with friends. It is also alleged that on a perusal of the Whats App messages and the audio recordings of the deceased, it transpires that the deceased begged for mercy and acceptance towards the petitioner and the minor son, to which the petitioner and even the minor son tortured the deceased mentally.