LAWS(CAL)-2009-7-52

PRANAB KANTI SEN Vs. STATE OF WEST BENGAL

Decided On July 30, 2009
PRANAB KANTI SEN Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) BY this application under Section 482 of the Cr. P. C the husband and the in-laws of the O. P. No. 2 pray for quashing of a proceeding being bhowanipur P. S. Case No. 79 of 2006 dated 29th March. 2006 under sections 498a/406/313/34 of the Indian Penal Code corresponding to SC case No. 106 (4)08 (ST No. 4 (7) of 2008 now pending before the Additional sessions Judge. Fast track Court No. 1 at Alipore of the district of South 24-Parganas.

(2.) IT was a lengthy FIR lodged with the Deputy Commissioner of police , Detective Department, Lalbazar by the OP. No. 2on 10th February. 2006 alleging against her father-in-law, petitioner No. 1, mother-in -law, petitioner No. 2 and the husband, petitioner No. 3. Intimacy between the petitioner No. 3 and the O. P. No. 2 developed through Internet. Marriage took place on 15th December, 2002 , while registration thereof took place on 28th August, 2003. During honeymoon after marriage at Singapore. Malaysia it was detected that she had conceived but her husband persuaded her against her will to go for abortion. Medicines were administered by the petitioner No. 3 who is a physician by profession and after return to India she was made to undergo abortion in the month of April/may, 2003. Then the husband left for abroad leaving her at the mercy of in-laws who subjected her to ill treatment and mental torture in different ways which have been narrated in the FIR. Her husband returned a month after on the ground of her father-in-law's ailments but then also ill treatment continued to be perpetrated upon her. Her husband took the side of his parents and stayed away separately for a month and would go for holidays. Allegedly her husband came to be involved in chatting with numerous girls on Internet. Ill treatment continued, unabated with no change in behaviour of her husband and in-laws. She was denied food for days. She was left alone in a room in the second floor while her mother-in-laws locked all rooms and kept the same in her possession and rest of the family stayed in the first floor with none to communicate to her. Her husband would beat her, punch her on her stomach , humiliate her and in many ways physical and mental torture became a routine affairs. Many events constituting alleged torture have been narrated in the FIR. On 23rd January, 2006 when her husband came alone he brutally beat her in presence of her mother-in-law, slapping her. punching her on her face and banging her head on the bathroom, finally dragging her to the bed so as to chock her. She left her in-law's house. Numerous jewelleries. clothing, furniture etc. were given in marriage which she left behind in her matrimonial home.

(3.) ON this FIR Bhowanipore P. S. /dd case No. 79 dated 29th March. 2006 under Sections 498a/406 IPC was registered. Numerous witnesses were examined, a number of documents were collected and upon closure of investigation the police submitted charge sheet against the petitioner no. 1 and 2 under Sections 498a/406/34 of the IPC and against the petitioner no. 3 under Sections 498a/406/313 /34 of the IPC.