At the stage of considering a petition for quashing criminal proceedings, the allegations in the FIR must be accepted as they stand, and the court cannot embark upon the appreciation of evidence.

JUDGMENT

Ajoy Kumar Mukherjee, J. - The present application under Section 482 read with Section 407 of the Code of Criminal Procedure has been directed for quashing of the proceeding being G.R. Case No.1066 of 2019 now pending before the learned Additional Chief Judicial Magistrate, Ghatal arising out of Daspur Police Station Case No.419 of 2019 dated 19.10.2019 under Sections 498A/323/307/406/34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

2. Dipanwita Patra (Maji) opposite party No.2 herein lodged a written complaint before the Officer-in-Charge, Daspur Police Station on 19.10.2019.

3. The FIR lodged by the defacto complainant, Deepanwita Patra (Maji) dated 19.10.2019 may be summarized as follows:-

a) Suppressing earlier marriage and also suppressing the fact that the petitioner herein is a Librarian and not a School Teacher and also suppressing the fact that the first wife of petitioner, Arun Maji lodged criminal case against petitioner and others alleging cruelty, his family members had given marriage of the petitioner with the defacto complainant.

b) After marriage, the accused persons started to tease her on the ground that the articles given by way of dowry at the time of marriage were of a very inferior quality. After two months of marriage the accused persons, namely, accused nos.1, 2 and 3 at the instigation of accused nos.7 and 8 created pressure upon the parents of the defacto complainant for transferring all the movable and immovable properties in favour of the present petitioner.

c) The accused persons also created pressure upon the parents of the defacto complainant for payment of Rs.2 lakhs more.

d) When the defacto complainant wanted to know as to why the actual profession of the petitioner/husband was suppressed at the time of negotiation of marriage, the defacto complainant/opposite party no. 2 herein was assaulted mentally and physically and they also threatened her to kill if she informs the incident to anyone.

e) The defacto complainant noticed that the petitioner-husband has got extra marital relationship with accused no.5 and when she raised protest in respect of such illegal relationship, the accused persons threatened unless she brings Rs.10 lakhs from her parents and unless all the properties of her parents are transferred in favour of the petitioner/husband, she would not be allowed to stay at her matrimonial house.

f) As it was not possible to fulfill the unlawful demand made by the opposite parties, the accused persons used to torture her and did not give her sufficient food for survival and also refused to arrange for her medical treatment, when required.

g) As petitioner could not met their unlawful demands in respect of payment of dowry one day i.e. on 21.10.2018, the petitioner herein tried to strangulate her and they had driven her out from her matrimonial home and the defacto complainant finding no other alternative took shelter at her father's house and she was treated at a nursing home from 22.10.2018 to 24.10.2018 and subsequently, again on 25.10.2018 to 31.10.2018 as indoor patent.

h) Subsequently, on 25.8.2019 she was again admitted to the nursing home as she was affected by food poisoning. At that time, the petitioner along with some unknown persons came to that nursing home and abused her with filthy languages. The accused persons came to nursing home on that date in order to kill her but somehow the defacto complainant and her mother could save their life.

4. During investigation police also recorded statements of the witnesses which to some extent corroborates with the statements made in the written complaint. Police also collected medical papers and other connected documents including some receipts in support of purchase of some articles, by the defacto complainant.

5. Mr. Jayanta Narayan Chatterjee, learned counsel appearing on behalf of the petitioner, submits that the ingredients of the offence punishable under Section 307 of the Indian Penal Code has not