BHARAT SONI Vs. NANDINI SONI

JUDGEMENT

(1.) This criminal revisional application has been filed under sec. 397/401 read with sec. 482 of the Code of Criminal Procedure, 1973 side and order dated August one, 2023 passed by the learned Additional Session Judge, 3rd Court at Howrah rejected the prayer for discharge in connection with ST case No. 259 of 2019 under Ss. 308 IPC subsequently added

(2.) The petitioner no. 1 is the husband of the Opposite Party and is presently residing at Jaipur, Rajasthan and at the time of alleged incident she was residing far away from the matrimonial home of the de facto complainant at Bungur Lake town. The petitioner No. 2 & 3 are the aged parents -in- law and petitioner no.4&5 are the brother in law and sister in law of the de facto complainant .The marriage between the petitioner no.1 with the Opposite Party no. 1 was solemnised on December 2, 2015 according to Hindu Rights and Customs and after that they started residing at the residence of petitioner no. 1 at her matrimonial home. The marital discord between the parties developed days after such marriage and finally on March 18, 2016 she left the matrimonial home without intimating her husband and in-laws. Despite several attempts she refused to return to her matrimonial home to lead conjugal life further. It is the petitioner's case that the petitioner no 1. intimated in writing to the Posta Police Station, Kolkata stating that his wife had left the matrimonial home on March 18, 2016 with all her belongings, gold ornaments and other valuables accompanied by her brother. The husband and the immediate family members tried their level best to amicably settle the matrimonial discord between the parties but the Opposite Party no1 and her family members vehemently opposed such reconciliation. After exhausting all amicable remedies, Bharat Soni the husband of the Opposite Party no.1 initiated a divorce proceeding on March 23, 2017 which is presently pending before the learned Family Court at Kolkata as matrimonial suit No. 52 of 2017. On July 15, 2017 the Opposite Party on receiving the summons of the divorce proceeding, as a counter blast to the same lodged a written complaint before Gola Bari police Station against all the in laws ,distant relatives alongwith the husband the petitioners along with the present petitioners and one Manik Chand Kulthia since deceased with false and concocted stories. It was alleged that at the time of marriage cash of Rs.10, 23, 300.00 were given jewelleries and valuable articles but soon after the marriage her husband disclosed about his affair with a lady from Bhawanipur . It was also alleged that the parents-in-law and all the petitioners demanded for a separate flat from the de facto complainant and as she could not meet such demand she was abused and assaulted. When the parents of the de facto complainant came to mitigate the matter they were also abused and driven away. She further alleged that she was denied proper nutrition and medication which took a toll on her health and she became sick and certain drugs were administered on June 29, 2015 by her mother-in-law and sister-in-law which caused severe convulsions, vomiting and bleeding. She was treated by Dr. Kothari taken her by her parents and it was informed that wrong medicine was administered. She was under treatment for two months at her paternal home. After that she was again taken by her husband and became pregnant but the husband and in- laws wanted her to undergo abortion and being refused she was assaulted and provided with no food. It was further alleged that in the first week of March, 2016 her in-laws drove her out of the matrimonial home. After that on March, 2016 the husband and other in-laws visited her home and they jointly assaulted her at her abdomen to kill the baby and then she was treated by a doctor. On October 24, 2016 she gave birth to a male child and since then she is residing at paternal home.

(3.) On the basis of this complaint the Gola Bari P.S case started and on completion of investigation the I.O submitted the charge-sheet under Sec. 498A/406/325/308 /34 of the Indian Penal Code. The Learned Magistrate took cognizance and accordingly process was issued. Thereafter the case was committed to the Learned Court of District and Session Judge at Howrah wherefrom transferred to the 3rd Court of Additional District and Session Judge, Howrah for trial. Before the said Learned Court the petitioners filed an application under Sec. 227 of the Code of Criminal Procedure for discharge from the charge under Sec. 308 of the IPC. Similarly the petition for discharge from the charges was filed by other the married sister in law and a distant relative on the ground stated therein. Both the petitions were taken up for hearing and by a composite order rejected the prayer of all the applicants including the present petitioners. Being aggrieved thereby this revisional application is filed by the petitioners. Submission