DAVENDRA NATH DUBEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By the instant application the petitioner has approached this Court for quashing of the First Information Report and the proceedings arising out of Sinthi P.S. Case No. 21 of 2018 dated 24.02.2018 under Sections 498A/323/376/511/316/406/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act being G.R. Case No. 515 of 2018 pending before the learned Additional Chief Judicial Magistrate, Sealdah.

(2.) The facts in brief leading to the present application may be summarized as follows :

(3.) The opposite party No. 2 herein/complainant lodged a written complaint at Sinthi P.S. on 24.02.2018 stating that she was married to one Chandra Prakash Dubey on 20th January, 2017 in accordance with Hindu rites and customs. As demanded by the complainant's husband and in-laws, her parents gave cash and other articles at the time of her marriage. It is further contended that from time to time cash was given by the complainant's parents as demanded by her husband and in-laws for construction of their house and for purchase of a car. After a few days of marriage torture upon the complainant by her husband and in-laws started. The petitioner herein is the uncle-in-law of the complainant. The complainant has alleged commission of offences under Section 498A/376/511/316/406/34 of the Indian Penal Code against her father-in-law and the offences under Section 498A/316/323/406/34 of the Indian Penal Code against the present petitioner and the other accused persons. On the basis of the aforesaid written complaint the proceeding was initiated and investigation commenced.