Vague and omnibus allegations should not lead to the conduct of a trial, and specific and substantiated facts are necessary to proceed with criminal proceedings.

JUDGMENT

Rai Chattopadhyay, J. - Aggrieved husband of the complainant, her parent-in-law and married sister-in-law living in separate mess, have preferred to file the present case under Section 482 read with Section 401 of the Criminal Procedure Code, 1973, challenging initiation and process of the police case at the behest of the opposite party no.2/complainant/wife.

2. The petitioners have prayed in this case, for an order of the court quashing the proceedings and charge sheet filed against them in Jalangi PS Case No.368 of 2015 dated 14.04.2015 under Section 498A IPC, 1860.

3. Not all the details of unhappy married life of the petitioner no.1 and opposite party no.2 may be discussed in this case. Suffice to say that they were married in the year of 2005 but the same was never peaceful. They have allegations and counter allegations against each other in their matrimonial life. Like the petitioner no.1 contends that since after marriage he has been regularly instigated and forced to severe relationship with his parents and family, that the opposite party no.2 was not at all dutiful of the members of family of her husband and was always hostile towards fulfillment of marital obligation. He has further states that the opposite party no.2 has left her matrimonial home without anybodies knowledge, consent and only according to her own whims. He stated further that all his endeavor to bring his wife back to her matrimonial home went in vain due to adamant attitude of the opposite party no.2.

4. Contrarily the opposite party no.2/complainant has summarized her allegations in the written complaint filed by her in the court of Chief Judicial Magistrate at Murshidabad. The said complaint dated April 2, 2015, has stated inter alia, that, since after her marriage she has been subjected to extreme torture by the present petitioners, on demand of more dowry of Rs.1 lakh, over and above the monetary and other valuable gifts given to the petitioner's family by the parents of opposite party no.2 at the time of marriage. Details of the said marital gifts are narrated in the complaint itself. It is specifically stated that her inability to remit such an amount has subjected her to both mental and also physical torture perpetrated by the petitioner no.1 and his family. She was otherwise harassed and tortured by not being allowed to keep any contact with her matrimonial family members and also by the undue bludgeon of her husband to dissolve the marriage by a decree of divorce. The opposite party no.2/complainant has stated specifically in the complaint that on February 27, 2015, at the evening she was subjected to immense physical abuse at the instance of all the petitioners and immediately thereafter on the next date, i.e, February 28, 2015, she was forced to leave her matrimonial home with her brother. Since then she has been leaving separated from her husband and matrimonial family members, of which her husband has never been bothered about or taken any steps to bring back peace in their life.

5. These being the allegations and counter allegations regarding the unhappy matrimonial life of the petitioner no.1 and opposite party no.2, have given rise to the genesis of this case, that is, the complaint made by the opposite party no.2 as stated above, before the court of Chief Judicial Magistrate at Murshidabad. All the present petitioners were made accused persons in that case. According to the direction of the court the police registered Jalangi PS Case No.368 of 2015 dated 14.04.2015 under Section 498A IPC.

6. After investigation, police has submitted charge sheet, in the said police case.

7. On this factual background the petitioners have come up with the present case with the prayer to quash the entire proceedings in connection with Jalangi PS Case No.368 of 2015 dated 14.04.2015 under Section 498A IPC, on the grounds that the complainant/opposite party no. 1/wife has acted only under ulterior motives and malice in filing the complaint against all