IMPORTANT POINT
The main legal point established in the judgment is that allegations in a family property dispute lacked prima facie evidence of the accused committing the alleged offences, and the Magistrate's non-application of mind in taking cognizance of the offences.

JUDGMENT :

Shampa Dutt (Paul), J.:

1. The present revision has been preferred praying for quashing of proceeding, being Complaint Case No. 689/2022, pending before the Learned 9th Judicial Magistrate at Alipore, alleging commission of offence under Sections 323/341/506/509(ii)/34 of the Indian Penal Code.

2. The petitioners submits that the complainant namely Ashish Garodia is the brother in law of the petitioner no.1 and husband of the petitioner no.1 namely Sangita Garodia who died on 31st January, 2010.

3. That to usurp the property at 1B, Mandevilla Gardens, PS-Gariahat, Kolkata-700 019, the complainant started various form of torture upon the petitioners as well as the daughter of the petitioner no.1.

4. The allegations made in the aforesaid complaint are inter-alia to the effect that:-

The complainant herein is the wife of Kanupriya Garodia. That the complainant lodged a complaint against the accused number 1 and 2 namely, Sangita Garodia and Shri Vatsa Garodia who happens to be the sister in law and nephew respectively of the opposite party. The husband of the accused no. 1, Late Vijay Kumar Garodia is also the elder brother of the complainant, herein. That the complainant along with his elderly parents, were subjected to all sorts of mental as well as physical torments at the hands of the petitioners no. 1 and 2. That the accused Sangita Garodia always has the habit of creating nuisance over trivial issues and had abused the complainant and his wife. Petitioner number 1 used slangs and grimpy language. Moreover day by day the behavior of the accused became so hostile and bad mannered that it is not at all viable in a peace loving family, to bear such nuisance. That the accused/petitioner no. 1, had the habit of using slangs, bullying the complainant and his family members. It is further stated that accused no. 1, herein/petitioner no. 1 did not even look after the old and ailing parents during their lifetime and also used filthy language and slangs. That on 24/06/2021, at about 6:45 am, the complainant, as a part of his regular habit went to the terrace for his morning walk and to his utter dismay found that the lock of the collapsible gate was hanging and on closely observing he discovered that the lock had been broken. That the complainant got panic stricken and unnerved, fearing that some thief or burglar may have broken in, while everyone was asleep. The complainant decided to check the CCTV footage and got astonished and shocked on finding that the petitioner no. 1 and 2 with their maid servant, Chandana, herein petitioner no. 3 were the ones who had broken the lock with a kitchen tool (Shilnora). It is further stated that the keys of the entrance of the gate were kept in a common space from where anyone in the family could have accessed, hence there was no need to break open. The complainant finding himself in a state of concern, for the sake of safety of himself, his wife and their child informed the matter to Gariahat police station on 25.06.2021. That evenafter the said incident till date the petitioner no. 1 and 2 have not refrained from abusing the family of the complainant by using abusive and grimy language. That the accused persons did not hesitate in being rude and adamant and thereby abusing and mistreating the ailing wife of the complainant who had suffered a major cerebral stroke in 2019 by punishing her when she tried to stop the accused no. 1 using such words against the complainant. On 11.03.2022 at about 11.30 a.m. when the complainant was ready to leave for work purpose, the accused no. 1, 2 and 3, (the petitioner no. 3 is the maid of the petitioner no. 1 and 2), the wife of the complainant heard some noise from the main door and when she tried to open the door, the accused persons pushed her forcefully and entered the room. The aggressive attitude of the accused persons had made it clear to the complainant that the accused persons were creating a brawl over there. Then after the accused person started