Specific instances of involvement in alleged crimes are necessary to proceed against distant relatives in cases of matrimonial disputes and dowry deaths.

JUDGMENT :

TIRTHANKAR GHOSH, J.

1. The present revisional application has been preferred by the petitioner challenging the continuance of Durgapur Police Station Case No. 189 dated 03.05.2022 wherein the investigating agency on conclusion of investigation submitted charge-sheet under Section 498A/304B/406/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

2. The investigating agency in the charge-sheet has implicated 14 accused persons which includes the husband, father-in-law, mother-in-law, sister-in-laws (under both categories sisters of husband and wife of the brothers of the husband), elder brother of the father-in-law and his wife as also father of the wife of one of the brother-in-law.

3. The petitioner before this Court happens to be Debasish Mondal who is the father of Riya Mondal and the said Riya Mondal happens to be the wife of Arup Mondal who is brother of the deceased’s husband.

4. The present case being Durgapur PS Case no. 189/2022 dated 03.05.2022 was registered for investigation under Sections 498A/304B/406/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, on the basis of a letter of complaint addressed to the Officer-in-charge Durgapur Police Station, A.D.P.C. by Subhas Bose father of the deceased Kasturi Ghosh (hereinafter referred to as ‘the complainant’). It was alleged that the complainant’s daughter deceased Kasturi Ghosh was married to Biswarup Mondal on 18th June, 2018. At the time of marriage as per demand of the accused persons, the complainant gave sum of Rs. 5,00,000/- for purchase of different furniture's and fixtures and an additional sum of Rs. 5,00,000/- for purchasing gold jewelleries. After marriage her daughter went to her matrimonial home along with her husband, however, after one month of her marriage she was physically and mentally tortured by Biswarup Mondal, Tarun Kanti Mondal, Sutapa Mondal, Nirup Mondal, Swarup Mondal, Priyanka Mondal, Alo Ghosh, Hiranmay Ghosh, Arup Kumar Mondal, Riya Mondal, Laxmi Rani Mondal, Tushar Kanti Mondal, Paramita Mondal and Debasish Mondal. She was abused, ill-treated and forced to work like a maid servant, as the accused persons while torturing her said that she comes from a humble background which do not match with their status. Her daughter tolerated such abuse and mental torture, however, her sister-in-law namely Alo Ghosh, husband Hiranmay Ghosh, elder brother-in-law Swarup Mondal and his wife Priyanka Mondal along with his uncle-in-law Tushar Kanti Mondal and another brother-in-law demanded a sum of Rs. 10,00,000/- for their medicine business and threatened that in case she fails to bring such money they would kill and hang her. The complainant with his limited means could organise only Rs. 3,00,000/- and handed over the same to those persons requesting them not to inflict further torture upon his daughter. After payment of such amount, for few days the accused persons kept calm and quite, however, they used to tease and insult her on trivial issues. A girl child was born out of the said wedlock on or about 13.04.2020 and after birth of the girl child her husband, father-in-law, mother-in-law and other inmates of the matrimonial home continuously tortured his daughter and often assaulted her. The accused persons also forced his daughter to come back to his house and threatened that in order to stay at the matrimonial home she is to bring more money. The deceased often expressed her apprehension that in case some more money is not paid to her in-laws, she may be murdered and hanged. On 23.04.2021 the accused persons after assaulting his daughter drove her out alongwith her child from the matrimonial home and thereafter she was staying at his residence and on his request the accused persons came down at his residence for a settlement wherein they demanded that they would take back his daughter on condition that he would contribute for establishment of separate business for his daughter’s husband. The complai