GOUTAM CHANDA Vs. GOURI RANI CHANDAN

JUDGEMENT

(1.) This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure filed by the petitioner challenging the impugned order being no.8 dated 5th May, 2015 passed by the Learned Session Judge, Howrah in Criminal Appeal No.426 of 2014. By the impugned order, the Learned Session Judge affirmed the judgment and order dated 29th November, 2014 passed by the Learned Judicial Magistrate, 4th Court, Howrah in Miscellaneous Case No.587/2010 being T.R.No.520/2010.

(2.) The facts which are essential for disposal of the present revisional application may be summarized as under:

(3.) Opposite party no.1 is the mother of the present petitioner. The mother of the petitioner is an old lady and is suffering from various ailments. Opposite party no.1/mother became the owner of a plot of land measuring about 5 cottahs, 2 chitaks and 42 sq.ft by way of purchase. She has three sons, present petitioner is one of the sons of the opposite party no.1. Out of love and affection, the opposite party/mother transferred a portion of the said land to the present petitioner by executing a deed in his favour and the remaining portion of the said plot was gifted by the opposite party no.1 to her other two sons. It was alleged by the opposite party no.1 in her application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 that the present petitioner and his father-in-law tried to make permanent construction on the land of the opposite party and her two other sons. Opposite party/mother protested the action of the present petitioner. She filed a civil suit being Title Suit No.179 of 2010 before the Court of Learned Civil Judge, Junior Division, 5th Court, Howrah. It was alleged by the opposite party/mother that after receipt of the summons of the said civil suit, the present petitioner and his wife started abusing the present opposite party/mother. The present petitioner and his parents in law assaulted the opposite party/mother and her 2nd son. They were treated at Howrah State General Hospital for the injuries sustained by them due to assault. The present opposite party/mother was compelled to lodge a written complaint before the I/C of Nazirgunj under Police Station Sankrail against the present petitioner and other. In spite of that the present petitioner along with others disturbed the present opposite party. The opposite party/mother was compelled to inform the matter to the District Magistrate, Superintendent of Police and Additional Superintendent of Police (Rural Howrah). It was the apprehension of the opposite party that the present petitioner was trying to grab her property and as such by filing the application under the provisions of Protection of Women from Domestic Violence Act, the opposite party sought for various reliefs and the said application was registered as Misc.Case No.587 of 2010.