JUDGMENT :

Shampa Dutt (Paul), J.:

1. The present revision has been preferred praying for quashing of the proceeding being Complaint Case No. 41 of 2018 under Sections 323/498A/406/506/34 of the Indian Penal Code pending before the Court of the Learned Judicial Magistrate, First Class Court at Barrackpore.

2. The Petitioner’s case is that the Petitioner is the Husband of the opposite party no. 2. On February 6, 2018, the opposite party no. 2 herein filed a complaint application against the petitioner (husband) and his other family members under Section 200 of CRPC before the Court of the Learned Additional Chief Judicial Magistrate at Barrackpore [in short the Learned ACJM] therein alleging commission of offences punishable under Sections 323/498A/406/506/34 of the Indian Penal Code.

3. Vide order dated February 6, 2018 the Learned ACJM was pleased to take cognizance and transferred the case to the Learned Judicial Magistrate, First Class, First Court at Barrackpore [in short the Learned Trial Magistrate] for disposal and the Learned Trial Magistrate was pleased to issue process.

4. It is the case of the petitioner that, on June 30, 2013, the opposite party no. 2 got married to the Petitioner Prithvish Roy, according to Hindu rites and customs.

5. On or about 09.09.2014, the petitioner and the opposite party no. 2 visited Dr. H. Narmada, a Fertility Centre Hospital for consultation to ascertain the reason for the opposite party no. 2 having Constant Uterine bleeding. Dr. Narmada advised the opposite party no. 2 to undergo a surgery and accordingly a large tumor operation was performed on 14.09.2014 for removal of extra uterine Growth. She was brought back to the Petitioner’s home where the petitioner took care of her.

6. The opposite party no. 2 then went back to Kolkata on 06.01.2015 to attend her brother’s wedding. She stayed at her parent’s home at Kolkata. She never returned back to join her husband since then.

7. She, however, for some reason or the other kept avoiding the petitioner calls and his attempts to persuade her to come back.

8. Having no other alternative the petitioner filed a petition on 23.06.2015 under Section 9 of the Hindu Marriage Act, 1955, seeking Restitution of Conjugal Rights which was registered as OP No. 465/2015

9. Even after waiting for more than 15 months, as the petitioner did not receive any response from the opposite party no. 2, the petitioner filed an application on 03.09.2016 under Section 13 of the Hindu Marriage Act, 1955 for Divorce.

10. In the meantime, the Petitioner found that the opposite party no. 2 had stolen all the jewellery kept in the locker jointly held by the opposite party no. 2 and Petitioner by operating it singly. On ascertaining that the jewellery which were removed were ancestral property and that the opposite party no. 2 had no right, title or interest on that, the Petitioner lodged a First information Report with Marredpally Police Station at Secunderabad on 30th July 2017 which was registered as Marredpally Police Station Case No. 279 of 2017 dated 7th October 2017 under Section 406 read with Section 409 of the Indian Penal Code.

11. On 6th November, 2017 the Investigating Agency filed Charge-Sheet under Sections 406/409 of the IPC against the opposite party no. 2 which is pending for disposal.

12. Subsequent to the FIR registered by the Petitioner the opposite party no. 2 herein moved a petition under Section 24 of Cr.P.C. before the Hon’ble Supreme Court of India Seeking transfer of divorce petition pending before the Learned City Civil Court, Secunderabad, Telangana to the jurisdiction of the Learned District Judge at Alipore which was registered as T.P. (Civil) No. 2241 of 2017 and secured a stay on the divorce proceeding.

13. The petitioner submits that even if the prosecution case and the petition of complaint were taken to be true in its entirety, it does not disclose even prima facie the commission of the said offences punishable under Sections 323/498A/406/506/34 of the