Proceedings initiated as a counterblast to a maintenance petition filed by a wife against her husband are liable to be quashed as an abuse of the process of law.

JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present revision has been preferred praying for quashing of the proceeding being A.C. No.4119/19 under Sections 420/406/467/468/471/120B/34 of the Indian Penal Code, 1860 presently pending before the learned Judicial Magistrate, 7th Court, Alipore, South 24 Parganas and all orders including order dated 30th July, 2019 therein.

2. The petitioner's case is that she is the wife of Siddhartha Bhuiya, (hereinafter referred to as 'Complainant/Opposite Party') and the marriage between the couple was solemnized in the year of 1999. Due to tremendous torture since marriage it became impossible for her to tolerate any further and ultimately on or about 14th May, 2019 (after 29 years), she was compelled to lodge a complaint with the Officer-in-Charge, Lake Police Station, registered as Lake Police Station Case No.78/19 dated 14th May, 2019 for investigation, against the complainant/opposite party for commission of offences punishable under Sections 498A/323/324/506 of the Indian Penal Code, 1860.

3. It is stated that as a counter blast to Lake Police Station Case No.78/19 dated 14th May, 2019, the complainant/opposite party/husband initiated the instant complaint case being A.C. No.4119/19 under Section 200 of the Code of Criminal Procedure, 1973 on 22.07.2019 before the learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas against the accused/petitioner and others for commission of the alleged offences punishable under Sections 420/468/471/120B/34 of the Indian Penal Code, 1860. The mala fide of the complainant/opposite party will be palpable from the fact that he initiated the impugned criminal proceeding purposely suppressing his relation with the accused no.2 (his mother-inlaw).

4. The complainant/opposite party by misusing his status as a Practising Advocate of Alipore Court, started filing false and fabricated criminal cases against the accused/petitioner and others with mischievous intention.

5. Besides the instant case, pursuant to an application under Section 156(3) of the Code of Criminal Procedure, 1973 preferred by the complainant/opposite party before the learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas on 6th July, 2019 a specific case being Canning Police Station Case No.367/19 dated 12th July, 2019 has also been registered for investigation under Sections 323/420/506/34 of the Indian Penal Code, 1860 against the accused/petitioner and others.

6. On the same day, the complainant/petitioner preferred another application under Section 156(3) of Code of Criminal Procedure, 1973. On the basis of said application, another criminal prosecution, being Canning Police Station Case No.368/19 dated 12th July, 2019 has also been registered for investigation under Sections 406/34 of the Indian Penal Code, 1860 against the accused/petitioner and others.

7. On or about 5th September, 2019, the complainant/opposite party preferred an application under Section 125 of the Code of Criminal Procedure, 1973 being ACM/786/19 before the learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas, praying for maintenance from the accused/petitioner. All of a sudden on 19th December, 2019, the complainant/opposite party withdrew the said maintenance proceeding.

8. On or about 9th September, 2019 the accused/petitioner preferred an application under Section 27 of the Special Marriage Act, 1954, praying for dissolution of the marriage between the parties. The said proceeding is still sub-judice before the Learned District Judge, Alipore.

9. The allegations in the present case is to the effect that:-

The marriage between the accused/petitioner and the complainant/opposite party was solemnized in the year 1999 according to the Hindu Rites and Customs. From the said wedlock, a male child was born on 6th November, 2001 at Medical College & Hospital. That due to some misunderstanding and difference of opinion, the relation between the accused/petitioner and