ARIF ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the present revisional application under Section 482 of the Code, the petitioner has prayed for quashing the Charge Sheet being Charge Sheet No. 212 of 2016 dated December 16, 2016 under Sections 498A/406/34 of the Penal Code, 1860, arising out of G.R. Case No. 2931 of 2016 pending before the learned Additional Chief Judicial Magistrate, Sealdah, 24 Parganas North.

(2.) The opposite party no. 2 lodged complaint before the officer-in-charge, Tangra Police Station, against the petitioner and others alleging commission of offence punishable under Sections 498A/406/34 of the Penal Code wherein she alleged that the petitioner, being her husband, subjected her to physical and mental cruelty after her marriage and finally drove her out of her matrimonial home after retaining her stridhan articles wrongfully. The case is pending before the trial court and charge-sheet has been submitted against the petitioner and others after completion of investigation.

(3.) Learned advocate for the petitioner submits that the allegations made in the complaint fall far short of the ingredients of offence under Section 498A of the Penal Code. Learned advocate refers to the copy of a document dated 28-02- 2016 giving detailed information of the marriage ceremony between the parties wherefrom it appears that there was neither any demand for dowry, nor any dowry given. Therefore, the alleged demand of dowry stated in the complaint is false and baseless. No specific case has been made out against the petitioner either in the complaint or in the charge-sheet. Hence the entire proceeding is required to be quashed.