BARNALI SENGUPTA Vs. STATE OF JHARKHAND AND ORS

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State. No one appeared on behalf of the complainant-opposite party No.2 in spite of repeated calls, even though, the complainant has appeared through advocate and filed counter affidavit.

(2.) The petitioners have prayed for quashing the entire criminal proceeding against them in Complaint Case No. 1701 of 2005, including the order dated 24.4.2006 passed therein, by Sri S.N. Sinha, learned Judicial Magistrate, Giridih, whereby prima facie offence under Sections 498, 323, 341, 379 and 506 of the Indian Penal Code has been found against the petitioners.

(3.) The facts of the case lie in a narrow compass. The complainant is husband of the petitioner Barnali Sengupta and it is stated in the compliant petition that the marriage had taken place between them in the year 2000. Thereafter she did not live with the complainant even for a year properly as she wanted to live with her parents. It is alleged that there was a matrimonial case in the Family Court, Bokaro, in which, there was a compromise between the parties, pursuant whereto, the petitioner No.1 again lived with the complainant for about six months. On 18.112005, the petitioner Barnali Sengupta went with her husband to her parents' place on the occasion of the marriage of her sister, but after the marriage of her sister, she refused to come back to her in-laws' place and accordingly, the complainant returned back on 29.11.2005. Again on 18.12.2005, the complainant along with the witnesses went to his in-laws' place to bring back his wife, where it is alleged, that the accused persons assaulted him and took away cash and wristwatch of the complainant and the witness. Accordingly, the complaint case was filed in the Court of Chief Judicial Magistrate, Giridih, which was registered as Complaint Case No. 1701 of 2005. The complaint petition clearly shows that the accused persons are residents of Beldih, P.S. Arsa, in the district of Purulia, in the State of West Bengal.