The main legal point established in the judgment is the abuse of criminal proceedings in a civil dispute and the requirement to consider whether a prima facie case is made out and whether the proceedings are an abuse of the process of law.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of proceedings in G.R. No. 113 of 2019, pending before the Court of the Learned Additional Chief Judicial Magistrate Arambagh, Hooghly under Sections 341/379/506 of the Indian Penal Code, 1860, arising out of Arambagh Police Station Case No. 39 of 2019, dated January 25, 2019 under Sections 341/379/506 of the Indian Penal Code, 1860 and all subsequent orders passed therein.

2. The petitioner states that there are long-standing disputes by and between the parties regarding an illicit extramarital relationship between the sister-in-law (JAA) of the present Petitioner and Opposite Party No.2 herein, as the husband of the said sister-in-law and the Opposite Party No.2 herein have been long time business partners. Thereafter, the present Petitioner’s said sister-in-law refused to continue the said extramarital relationship. A criminal proceeding, being Jamalpur Police Station Case No. 186 of 2011 dated 17.12.2011 under Sections 452/406/505/565/379 of the Indian Penal Code, 1860 was instituted by the husband of the present Petitioner, which is still pending adjudication.

3. That in retaliation thereto, the Opposite Party No.2 herein, out of erstwhile grudge, had started threatening her and all her family members of dire consequences and had even consequently, instituted criminal proceedings, being Arambagh Police Station Case No. 618 of 2014 dated 28.06.2014 under Sections 448/323/325/307/354/379/506/34 of the Indian Penal Code, 1860, against not only the husband of the present Petitioner but also against the Petitioner.

4. That at the time of filing the Charge-Sheet in connection therewith, being Charge-Sheet No. 507 of 2014 dated 31.07.2014, the present Petitioner was not Charge-sheeted and hence, discharged.

5. That in furtherance of the aforesaid existing rivalries and disputes, on 09.07.2018, the Opposite Party No.2 herein filed a Complaint Case, being C.R. Case No. 151/18, before the Additional Chief Judicial Magistrate at Arambagh, Hooghly, against the present Petitioner and her sister-in-law with similar and/or identical allegations, which the Learned Court by an Order dated 30.08.2018 was pleased to dismiss under Section 203 of the Code of Criminal Procedure, 1973 with the observation that the allegations made therein were utterly baseless.

6. That still unsatisfied with vengeance, the Opposite Party No.2 herein has instituted another frivolous criminal proceedings, (the present case) being Arambagh Police Station Case No. 39 of 2019 dated 25.01.2019 under Sections 341/379/506 of the Indian Penal Code, 1860 against the present Petitioner and her sister-in-law.

7. The allegations and accusations, as leveled therein by the Opposite Party No.2 herein against the present Petitioner and others are as follows:-

“That the Opposite Party No.2 herein has a hardware business and he has given hardware materials on loan to the present Petitioner and her sister-in-law of a sum of around Rs. 60,000/-. But after completion of building of the present Petitioner, she regularly delayed repayment of the requisite charges and in the meantime, on 01 January, 2019 at about 4 p.m. when the Opposite Party No. 2 herein found the present Petitioner and her sister-in-law at the juncture of Arambagh Road and Tirol Road and the Opposite party No.2 herein asked for payment, the present Petitioner and her sister-in-law humiliated and abused him openly, tore his shirt and forcefully snatched away Rs. 1200/- from his pocket. Thereafter the Opposite Party No.2 herein came to the Arambagh Police Station and lodged the instant Complaint.”

8. The Petitioner states that the accusations, as leveled against her, are nothing but fabrication and have been contrived, concocted and made by the Opposite Party No.2 herein, in connivance with his family-members, only with a view to harass and torture the present Petitioner and her family members and to implicate them in no