JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of proceedings being Case No. C – 4292 of 2019 pending before the Learned Additional Chief Judicial Magistrate, Bidhannagar, North 24 Parganas under Sections 352/325/379/506/34 of the Indian Penal Code and all orders passed therein including orders dated 13.12.2019 and 15.01.2020 passed by the Learned Additional Chief Judicial Magistrate, Bidhannagar, North 24 Parganas in connection with the aforesaid case.

2. The petitioner’s case is that the petitioners are sister and brother by relation. The petitioner no. 1 is the legally married wife of the opposite party no. 2 herein.

3. The petitioner no.1 got married to the opposite party no. 2 on 20.10.2018 as per the provisions of the Special Marriage Act and the said marriage was duly registered.

4. The opposite party no. 2 and his family members then started inflicting physical torture upon the petitioner no.1 regularly.

5. On 24.10.2019, the petitioner no.1 was mercilessly beaten up by the opposite party no.2 and for which the petitioner no. 1 had to visit the doctor for receiving medical treatment.

6. On 06.11.2019, while the petitioner no.1 was still residing at her matrimonial home at Lake Town and leading her conjugal life, she was shocked to receive a copy of the plaint of the Divorce suit along with the summons being served upon her by post, filed by the opposite party no. 2 before the Court of the Learned District Judge, Barasat, North 24 Parganas under Section 27(1) the Special Marriage Act, which was numbered as Matrimonial Suit No. 2260 of 2019.

7. The opposite party No. 2 and his family members appeared completely indifferent and rather started pressuring the petitioner No.1 for giving her consent for divorce and also allured the petitioner No. 1 by promising her a staggering sum of money in return, which the petitioner No. 1 flatly refused, thereby earning the wrath of the opposite party No. 2 and his family members and they blatantly threatened to get her and the other family members implicated in false cases in future in the event she refused to fall in line. The petitioner No. 1 was constrained to lodge a complaint to such effect with the Officer-in-charge, Lake Town Police Station on 07.11.2019.

8. That in terms of the said summons in connection with the said divorce proceeding being Mat Suit No. 2260 of 2019, the petitioner No.1 duly entered appearance before the Court of the Learned District Judge, Barasat, North 24 Parganas on 15.01.2020 and the matter has been referred to mediation.

9. The petitioner No.1 was constrained to file an application under Section 12 read with Sections 18/19/20 of the Protection of Women from Domestic Violence Act, 2005 against the opposite party no. 2 herein and his brother namely one Avilash Majumder.

10. In connection with the said C. Case No. 3387 of 2019, an interim application under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005 was also filed by the petitioner no.1 claiming similar reliefs.

11. On 16.12.2019 , the Domestic Incident Report dated 10.12.2019, was filed before the Court of the Learned Additional Chief Judicial Magistrate, Bidhannagar, North 24 Parganas, by one Sumita Dutta (Laha), Protection Officer clearly spelling out regular incidents of torture inflicted upon the petitioner No.1 in her matrimonial home.

12. On 07.12.2019, the opposite party No. 2 and his brother Avilash Majumder came to know about the institution of the proceeding under the protection of Women from Domestic Violence Act, 2005 against them by the petitioner No.1, and immediately they became infuriated and started to beat up the petitioner No.1 mercilessly and destroyed many of her valuable documents and on 08.12.2019, they drove her out of her matrimonial home. The petitioner No. 1 then lodged a complaint with Lake Town Police Station, being Lake Town Police Station Case No. 231 of 2019 dated 08.12.2019 under Sections 498A/325/406 of t