JYOTIRMOY SOM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY this application dated 18. 08. 2006 quashing is prayed for of the proceeding in BGR No. 1839 of 2006 corresponding to Budge Budge P. S. Case No. 72 dated 26. 06. 2006 under section 411/414 of the Indian Penal Code now pending before the learned Chief Judicial Magistrate of Alipore on the grounds inter alia that the complaint was filed by the wife (O. P. No. 2) in suppression of the fact that she earlier had filed a case against the petitioner and others under section 498a/406 IPC vide East Bidhan Nagar P. S. Case No. 108 dated 19. 09. 2005 under section 498a/406 of the Indian Penal Code which culminated in submission of chargesheet and thus the present complaint under section 411/414 of the Indian Penal Code is not maintainable.

(2.) THE opposite party No. 2 lodged an FIR being East Bidhan Nagar P. S. Case No. 108 dated 19. 09. 2006 against the present petitioner and three others alleging the following facts: she was married to the petitioner on 08. 03. 2004 but sometime after marriage she was subjected to ill-treatment and torture on demands of Rs. 2 lac on account of business of the petitioner and Rs. 50,000/- on account of Mediclaim and of some other amount in connection with marriage of the parties. When she would raise protest she was subjected to physical and mental torture. On the night of 07. 06. 2004 she was compelled to return back to her father's house and onher arrival thereat she lodged a G. D. E. being No. 214 dated 08. 06. 2004. The petitioner instituted a suit for restitution for conjugal rights but he got the suit withdrawn. All the articles which were given to her in the marriage are lying in her matrimonial home and the members of the matrimonial family refused to part with the articles. She was pressurized to agree to divorce so that the writ petitioner would be given in marriage somewhere else.

(3.) IN the FIR, list of articles including ornaments which were allegedly lying in the matrimonial home has been listed. Upon completion of investigation the police submitted chargesheet vide East Bidhan Nagar P. S. Chargesheet No. 8 of 2006 dated 29. 01. 2006 under section 498a/406 of the Indian Penal Code against four accused persons including the present petitioner.