The court can invoke inherent power to quash criminal proceedings if they lack prima facie evidence and are instituted with an ulterior motive for personal grudge.

JUDGMENT :

Subhendu Samanta, J.

1. Both the criminal revisions are taken up together for brevity of discussion on the ground that parties of both the criminal proceedings are same. The private opposite party No. 2 Bnashree married the petitioner Dwaipayan Das on 27th of October, 2016 as per the provisions of Special Marriage Act 1954. The opposite party No. 2 lodged a written complaint with the O.C. Baguihati Police Station on 13th of October 2017 contending inter alia that her husband Dwaipayan Das inflicted physical and mental torture upon her since marriage and on that day i.e. on 13.10.2017 Dwaipayan assaulted the de-facto complainant Banashree and also tried to kill her. On the basis of the said complaint Baguihati Police Station Case No. 679/2017 dated 13.10.2017 u/s 498A/307 of IPC was started against Dwaipayan. Investigation of the police is started. It is the further allegation that during the investigation of that case a talk of settlement was arrived at between the parties and the de-facto complainant Banashree went to her matrimonial home on 26th of October, 2017 and started staying there on. On 14th December 2017 Banashree again lodged another written compliant with the O.C. Baguihati Police Station containing physical and mental torture inflicted upon her by her husband and in-laws during her stay at her matrimonial home. On the basis of such complaint another Baguihati P.S Case No. 773 of 2017 dated 14.12.2017 u/s 498A/506(ii)/406 of IPC was started against Dwaipayan and his parents. Now the husband and the in-laws of the de-facto complainant filed two separate applications before this court u/s 482 of the Code of Criminal Procedure for quashing both the criminal proceedings.

2. Learned Advocate for the petitioner submitted before this court that the Criminal Proceedings initiated by the de-facto complainant by virtue of a petition of complaint before the Baguihati P.S is purposive and harrasive and palpably frivolous. The allegation contend in the petition of complaint are concocted, no such fact of assault or torture has ever been effected upon the de-facto complainant. Since the marriage the de-facto complainant never intent to stay with her in-laws consequently, a separate accommodation situated at Aloka Villa was arranged by the husband petitioner and they are residing separately there.

3. It is the further submission of the Learned Advocate for the petitioner that the proceedings initiated against the petitioner is absolutely baseless and displays clear misuse of the provisions of criminal law. The police has conducted investigation in respect of both the police cases and submitted two separate charge sheets. On perusing the said charge sheet it would be appeared that the police conducted investigation in a perfunctory manner. No such materials or ingredients are there to justify the allegation of offence punishable u/s 498A of the IPC. He submitted if the proceedings are allowed to be continued the petitioners shall be harassed and suffers immense without any sufficient reason.

4. Learned Advocate for the state submitted before this court that the investigation of the police has conducted and ended in charge sheet in respect of both the police cases. During the course of investigation the statement of available witnesses were recorded and after finding the prima facie materials u/s 498A has made out, the police submitted charge sheet. The criminal proceedings which was ended in charge sheet with sufficient materials can not be quashed at the stage.

5. Learned Advocate for the petitioner in reply submitted the criminal proceedings are only harrasive and purposive in nature. The de-facto complainant has already severe the tie of marriage with the present petitioner’s husband vide an order of Matrimonial Suit no. 555 of 2018. The de-facto complainant has initiated the Matrimonial Suit which was decreed by the ex-parte in favour of the de-facto complainant Banashree. It is the only intention of the de-facto complai