JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revisions has been preferred praying for quashing of the proceedings being ACGR No. 5166 of 2016 arising out of Thakurpukur Police Station Case No. 319 of 2016 dated 01.09.2016 registered for investigation into offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 and Section 4 of the Dowry Prohibition Act, now pending before the Court of Learned Additional Chief Judicial Magistrate Alipore, South 24 Parganas.

2. The petitioners case is that the petitioner No. 1 is the ex-husband of the Opposite Party No. 2. The Petitioner No. 2 is the ex-father in law, petitioner No. 3 is the ex-mother in law, of the Opposite Party No. 2. The petitioner No. 2 is a retired Sub Inspector of Central Industrial Security Force and is a disciplined member of Para-Military force and he has also been conferred with the President Police Medal for Meritorious Service to the Nation along with two other Medals from Government of India.

3. The petitioner No.1 and the opposite party no. 2/ex-wife got married on 27.02.2015 at Kanpur at the paternal house of the bride as per Hindu rites and customs. The marriage was an arranged marriage. Subsequently the marriage was registered on 13.03.2015. The opposite party no. 2 has never been desirous to live her conjugal life and always used to magnify trifle issues. Since after the marriage the petitioners have been subjected to both physical and mental torture and cruelty by the Opposite Party No. 2 by way of adopting different methods including the demand that the petitioner no. 1 has to separate his mess from his parents being petitioner nos. 2 and 3. While the Opposite party no. 2 was pregnant, she went to her parent’s house and on 20.10.2015 on the day of ‘Saptami’ (Durga Puja), the Opposite Party along with her brother in law, Angshuman Roy and sister Nandita Roy visited the house of the petitioners and wanted Rs. 1,00,000/-to be deposited in her bank account. Since the petitioners were unable to meet such demand, they were abused in filthy language followed by threats that in the event they dare to inform any authorities then she will abort the child. However with the expectation of future happiness no complaints were lodged concerning the said unruly and untenable behavior of the Opposite party No. 2. On the contrary she had been provided with every sort of support and care.

4. On 25.01.2016 a male child has born from the said wedlock. After the marriage the petitioner no.1 had been posted in Hyderabad for job purpose. The Opposite Party No. 2 had refused to accompany him and stayed in her parental home at Kanpur. In fact when she was requested by the petitioner no. 1 to stay at the matrimonial house at Birati, she became furious and started hurling abusive language against the petitioners. The mother, sister and brother in law (Jamai Babu) of the Opposite Party No. 2 namely Angshuman Roy have always interfered in the matrimonial life of the petitioner no. 1 and the Opposite Party No. 2.

The mother of the opposite party No. 2 had also created scene at the Zenith Hospital by preventing the petitioner No. 1 to see his own son. In the absence of the Petitioner No. 1, the relatives of the Opposite Party No. 2 including her mother arrived at her matrimonial house on 21.02.2016 without informing the petitioners and took her away along with her baby and all the gold ornaments and other valuables of the house of the petitioners.

5. On 09.05.2016 at about 14.48 hrs the petitioners had been threatened and they were told by the Opposite Party No. 2 that they will not be allowed to meet their grandson. The petitioner No. 2 had diarised the incident with Nimta Police Station vide GD entry No. 700 dated 14.05.2016.

6. Since the Opposite Party No. 2 was not responding to the calls of the Petitioner No. 1, he had called the maternal uncle of the Opposite Party No. 2 namely P.K. Barman on 24.05.2016 and learnt that the Opposite Party No. 2 is residing at the qua