SAUGATA CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE revisional application under section 401 read with Section 482 of the Code of Criminal Procedure is directed for quashing the proceeding in connection with Jadavpur P. S. Case no. 101/06 (B. G. R. No. 822 of 2006)dated 13. 3. 2006 under Section 498a/406 of the Indian Penal Code now pending before the Court of additional Chief Judicial Magistrate, Alipore.

(2.) IT is the case of the petitioner that marriage between the petitioner with opposite party No. 2 was solemnised under the Special Marriage Act on 22nd November, 2003. In the month of June, 2004 petitioner was posted as Sales Manager, Dabur India Limited at Patna. Opposite party No. 2 joined the petitioner at Patna on 22nd June, 2004 and on the plea to attend a marriage ceremony at Mumbai, opposite party No. 2 left her matrimonial home at Patna in the month of October, 2005. Opposite party No. 2 left her matrimonial home with all her belongings when the petitioner was absent due to his official tour at Mazaffarpur. The efforts made by the petitioner to restore the matrimonial ties failed and thereafter in the month of February, 2006 the petitioner filed a suit for divorce before the learned District Judge at Patna, which was registered as matrimonial Suit No. 53 of 2006. After the institution of the matrimonial suit, the petitioner lodged the present case under challenge only on 13th March, 2006. The allegation as raised in the first information report is false and only lodged as counter blast of the matrimonial suit. No cause of action as alleged took place within the territorial limits of Jadavpur Police Station. The alleged demand of dowry subsequently to the marriage is false and baseless. The petitioner herein infact paid a sum of Rs. 2 lakhs to the mother of the opposite party No. 2, which is available from the Bank statement, which is annexed as Annexure-P/3.

(3.) PETITIONER has prayed for quashing the first information report on the said grounds.