The power to quash a proceeding under Section 482 of the CrPC does not arise where the allegations in the FIR or complaint prima facie constitute an offense.

( 1 ) THIS revisional application under sections 401, 482 and 483 of the Code of Criminal Procedure (in short Code), 1973 has been preferred by the petitioners praying for quashing the criminal proceeding being Case No. C-764/01 pending before the learned Judicial Magistrate, 5th Court, Alipore under sections 498a, 406 and 114 of the Indian Penal Code (in short IPC ).

( 2 ) THE aforesaid case was started on the basis of complaint lodged by opposite party No. 2 as complainant in the Court of learned Chief Judicial magistrate, South 24-Parganas at Alipore. It was alleged in the complaint that the complainant was married with petitioner No. 1 according to their hindu rites and customs on 26. 11. 96. After marriage she was taken to her matrimonial home and on 28. 11. 96, on the day of 'fulsajya' the petitioner no. 1 consumed full bottle of liquor in her presence. Next day, all the petitioners and others hurled insulting comments relating to marriage gifts and the petitioners and others demanded further dowry of Rs. 1,00,000/-and gold jewelleries of 20 tollas. Sometimes thereafter at the instance of the petitioners a meeting was called for and there the petitioners and others asked her to give an undertaking in writing on non-judicial stamp paper stating therein that nobody would be responsible for her death and that all the ornaments received by her in the marriage would remain in custody of mother-in-law. Towards end of July in 1997 she was taken to Bhubaneswar, the working place of petitioner No. 1 and, there also, she was subjected to both physical and mental torture by her husband, the petitioner No. 1. On account of 'bhatri Dwitiya' on 2. 11. 97 she expressed her desire to go to her father's house when the petitioners refused to allow her to go to her father's house. Ultimately, petitioner Nos. 2 and 3 left her near railway station of her father's house and she went to her father's house. At evening on the same day the petitioner No. 2, the father-in-law over telephone told her uncle not to send her to their house. Her father and uncle then sent her back to her matrimonial home but, they were insulted by the petitioners with filthy languages. She was later on again taken to Bhubaneswar, the working place of her husband and in April, 1998 her father-in-law and mother-in-law brought her back to her matrimonial home at Calcutta. In the meantime she became pregnant and even during stage of pregnancy she was not spared from torture and cruelty and on 29. 1. 99 she gave birth to a female child but, even after birth of child she was subjected to torture. On 12th August, 1999 in spite of her illness while she was cooking, she was assaulted by her father-in-law and when she tried to contact with her father over telephone, the petitioner No. 4 slapped her. Thereafter, her husband took her to a rented flat at Lake Road on 13. 10. 99 but taking her to the rented flat her husband tortured her in different manners and on 12. 12. 99 tried to kill her by throttling. On 29. 1. 2000 after celebrating first birth anniversary of their female child her husband took away her to her parental house and kept her there. In spite of repeated requests her husband and other in-laws did not take back her and demanded the dowry as usual. On 19. 2. 2000 she along with her parents went to her matrimonial home and demanded back the articles but the accused persons, i. e. the petitioners refused to return the said articles including stridhan properties. On 29. 1. 01 on the day of Saraswati Puja she was taken to her matrimonial home and after some talks and taking a photograph she was asked to leave matrimonial home and in spite of her and her father's request she was not allowed to stay in matrimonial home. Lastly, on 11. 2. 01 she went to her matrimonial home at Kalighat with her parents and other relatives and requested them to return the articles given in marriage and her stridhan properties but the accused persons drove them out from her matri