The main legal point established in the judgment is that allegations must constitute an offence under the relevant sections of the law, and the court has the power to quash proceedings if they are deemed an abuse of process of law.

JUDGMENT :

AJAY KUMAR GUPTA, J.

1. This instant Criminal Revisional application has been filed by the accused persons/petitioners under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the proceedings in connection with Harishchandrapur Police Station Case No. 71/23 dated 27.01.2023 under Sections 341/195A/34 of the Indian Penal Code corresponding to G.R. Case No. 232 of 2023 and the order dated 23.03.2023 passed in the said proceeding by the learned Chief Judicial Magistrate, Chanchal, Malda, thereby issued Warrant of Arrest against the petitioners in the aforesaid proceeding.

2. The factual matrix of the instant case leading to filing of this application is as under:

(a) Opposite Party No. 2 is the wife of one Humayun Kabir and their marriage was held on 13.10.2022 as per the Islamic Rites and Rituals. Opposite Party No. 2 alleged that at the time of marriage, cash amounting to Rs. 5,00,000/- as well as other articles were given as dowry to her husband on demand. After passing ten months of their marriage, the husband started torture upon her physically and mentally upon non-fulfilment of further demand of more dowry.

(b) It was further alleged that her husband used to make video of their physical relations to show the outsiders. In addition, he throttled and assaulted to kill her by pouring kerosene oil on her body. Several other allegations are levelled against her husband and other in-laws.

(c) On the basis of her written complaint, Malda Cyber Crime Police Station Case No. 56/22 dated 01.12.2022 under Sections 498A/323/324/325/307/34 of the Indian Penal Code read with Sections 66C/66E/67/67A of the Information Technology Act and 3/4 of the Dowry Prohibition Act was registered against the husband and others.

(d) It has been further alleged that during the pendency of the said aforesaid case, by way of a written complaint alleged that the petitioners and others threatened her with dire consequences. On the basis of said written complaint, another case was further registered as Harishchandrapur Police Station Case No. 71/23 dated 27.01.2023 under Sections 195A/341/34 of the Indian Penal Code against the Petitioner and others though the claim of the petitioners is that the impugned FIR has been lodged falsely, vexatious and fabricated one only in order to harass the petitioners. Petitioner No. 1 is the uncle-in-law of the opposite party no. 2 herein and petitioner no. 2 is the son of petitioner no. 1 herein. They are no way connected with the instant case. Therefore, they pray for quashing of the aforesaid proceeding. Hence, the instant revisional application has come up before this Court for its disposal.

SUBMISSION ON BEHALF OF THE PETITIONERS:

3. Mr. Mazumdar along with others, appearing on behalf of the Petitioners submitted that the allegations levelled against the present petitioners are out and out false. No such incident took place ever with the complainant. She lodged this complaint, when the petitioners obtained bail under Section 439 of the Code of Criminal Procedure from the Hon’ble High Court on 05.01.2023 in earlier case, Malda Cyber Crime Police Station Case No. 56/22 dated 01.12.2022, lodged by Opposite Party No. 2 and they were released from custody on 07.01.2023:

(a) It is further submitted that accusation, whatsoever made by the Opposite Party No. 2/wife, does not fall under Sections 195A/341/34 of the Indian Penal Code. Despite of the fact, the police authority has lodged an FIR against the present petitioners under Sections 195A/341/34 of the Indian Penal Code. At the same time, the police, even after thorough investigation, unable to collect any materials against the present petitioners to establish a prima facie case under Sections 195A/341/34 of the Indian Penal Code. When the offence has not been committed under those sections, the entire proceeding is required to be quashed to secure the end of justice otherwise it would be an abuse of process of law and that