The Court emphasized that general and omnibus allegations cannot manifest in a situation where the relatives of the complainant’s husband are forced to undergo trial, and that the inherent power of the court should be exercised to quash such proceedings.

JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present revision has been preferred praying for quashing of proceedings being G.R. Case No. 2969/18 arising out of Nimta Police Station Case No. 206/18 dated 01.06.2018 under Sections 498A/341/323/506/34/120B of the Indian Penal Code pending before the Learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas and all order passed therein and quashing of proceedings being A.C.G.R. Case No. 3987/18 arising out of Regent Park Police Station Case No. 202/18 dated 14.08.2018 under Sections 498A/323/34 of the Indian Penal Code pending before the Learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas and all order passed therein.

2. The petitioners’ case is that the petitioners herein are the in-laws of the defacto complainant, namely, Soma Sardar. Petitioner no. 1 is an old man aged about 64 years. Petitioner nos. 2 and 3 are the wife and son of petitioner no. 1. Petitioner no. 4 is the widow of one of the brothers of petitioner no. 1. Petitioner nos. 5 and 6 are her children. Petitioner no. 7 is the brother of petitioner no. 1. Petitioner no. 8 is the former’s wife.

3. That the opposite party no. 2 in the instant case, is an abuser of law and is using and abusing the various legal provisions by initiating false and frivolous cases against the petitioners, according to her own whims and fancies.

4. The instant case germinates out of previous disputes between the parties regarding the partition of the ancestral property.

5. In the month of March, 2018, the husband of the defacto complainant, namely, Prasanta Sardar had filed an application under Section 144 of the Code of Criminal Procedure being M.P. Case No. 789/18 before the Court of the Learned Executive Magistrate, 1st Court, Alipore, South 24 Parganas, inter alia alleging that the petitioner nos. 1, 3, 4, 6, 7 and 8 were creating disturbances by attempting to dispose, encroach, and by undertaking illegal construction within the scheduled undivided property.

6. On an order passed by the Learned Executive Magistrate, the Sub- Inspector of Regent Park Police Station, had sent a written intimation dated 18.03.2018 to the aforesaid petitioners, thereby requesting all parties to maintain peace in respect of the scheduled premises.

7. The petitioners however, in order to put forth the actual truth had made a written representation, to the Officer-in-Charge, Regent Park Police Station, inter alia bringing on record that the facts narrated by Prasanta Sardar were cloaked with malice and ought not to have been believed. The true set of facts was that the safety tank in the scheduled premise had been damaged and needed urgent repair. The same was resulting into outflow of dirty sewage water, thereby causing annoyance to the neighbours, resulting in continuous complaints and further encouraging the possibility of several diseases and health concerns.

8. In order to address the issue, the petitioners were desirous of carrying out the much needed repair work. However, the opposite party no. 2 herein and her husband, hindered such repair work and would not let the petitioners carry out the same. They continued to cause breach of peace within the family and their primary demand was partition of the scheduled property.

9. That from time to time, the opposite party no. 2, her husband and daughter continued to cause annoyance in the family for having their unjustified demand met.

10. That the opposite party no. 2, in collusion and in connivance with her husband and daughter, filed a vexatious complaint under Section 156(3) of the Code of Criminal Procedure, against the petitioners herein in order to wreck vengeance upon them being M.P. Case No. 974/18 dated 31.05.2018.

11. The Learned Additional Chief Judicial Magistrate, Barrackpore, vide order dated 31.05.2018, was pleased to order the Officer-in-Charge of Nimta Police Station to treat the same as first information report and to take steps accordingly. As such, Ni