SHILA GHOSH Vs. NILANJAN ALIAS NIRANJAN GHOSH

JUDGEMENT

(1.) This revisional application has been preferred under section 401 read with section 482 of the Cr. PC challenging the order dated 13/4/2005 passed by the learned Additional Sessions Judge, Fast Track Court-1, Krishnanagar in Criminal Motion No. 74 of 2004 whereby the learned Judge was pleased to modify the order dated 31/ 5/2004 passed by the learned Judicial Magistrate, Nadia in case No.109(IV) of 2003.

(2.) Case of the petitioner is that she was married with the opposite party No.l on 09/2/2001 according to the Hindu Rites. But two months after the marriage, her husband and other in-laws started torturing her over the demand of dowry. As the said demand could not be satisfied by the petitioner's father, so the torture upon her was aggravated. Even the brother-in-law of the petitioner gave immoral proposal to her and as she protested, so she was further tortured by the husband and his relatives. Finally on 25/10/2002 the petitioner was mercilessly beaten by the husband and she was driven away from the said matrimonial house. Since then she took shelter in her father's house.

(3.) On the initiative of the father of the petitioner, the matter was considered by the Sahayata Kendra of Santipur Police Station where it was settled that opposite party/husband would divorce the petitioner by paying Rs.4,50,000.00. However, the husband did not pay anything in terms of the said settlement.