IMPORTANT POINT
The court quashed proceedings against petitioner No. 1 due to lack of evidence, while allowing the case against petitioners Nos. 2 and 3 to proceed based on substantiated allegations.

JUDGMENT :

SUBHENDU SAMANTA, J.

Affidavit of service filed the petitioner is taken on record.

2. The instant criminal revision has been preferred under Section 482 of the Code Criminal Procedure pertaining to G.R. Case No. 1558 of 2022 corresponding to Alipurduar Women Police Station Case No.54/2022 dated 2.7.2022 wherein charge sheet has been submitted under Section 498A of IPC against the present petitioners now pending before the learned Court of Additional Chief Judicial Magistrate at Alipurduar.

3. Learned advocate for the petitioners Mr. Mondal submits that the petitioner no.1 is the sister-in-law, petitioner no.2 is the brother-in-law and petitioner no.3 is the husband of opposite party no.2. He submits that marriage between the petitioner no.3 and the opposite party no.2 was solemnized in the year 2005. The marriage has been duly consumated and out of the said wedlock between the parties two children were born. He submits that during last month of February/March 2022, the petitioner no.3 noticed that that behavior of opposite party no.2 has been changed. On query the opposite party no.2 has specifically stated in the month of May 2022 that she had having an extra-marital affairs with one person named Samar Saha residing at Newtown Bazar under the district Alipurduar and with whom the opposite party no.2 intends to settle and start a life and thus she was no longer interested in staying with the petitioner no.2. The O.P. no.2 also demanded the petitioner no.3 to give her divorse and to buy a separate flat for her to stay separately with Samar Saha. On the said issue, the dispute cropped up between the parties and the petitioner no.3 informed to the police by the petitioern no.3 regarding the fact of dispute at Kasba police station vide G.D. entry dated 27.5.2022 as well as dated June 30, 2022.

4. Mr. Mondal, learned advocate further argued that the petitioner nos.1 and 2 being the sister-in-law and brother-in-law are not any way connected with the alleged offence, they are living separately in a separate place and had no connection regarding the marital dispute of petitioner no.3 and O.P. no.2. He further submits, the petitioners also filed the relevant identity proof, Aadhar Card regarding separate residence of petitioner Nos. 1 and 2.

5. Mr. Mondal further submits that being aggrieved by the conduct of the present petitioner No. 3 for not giving the desire divorce the opposite No. 2 has lodged a false complaint with the Alipurduar Police Station, on the basis of which the instant case was registered. He submits that the allegation of the written complaint are omnibus in nature and there is no specific evidence to substantiate any of the allegation as alleged by the de facto complainant in this case. He further stated that the investigation of the police is ended in charge-sheet accusing the present petitioner to be the offender of the alleged offence. He again submits that the investigation of the police is a table work and it was conducted in a perfunctory manner. He submits that the instant criminal proceeding is collusive and harasive, so it requires to be quashed.

6. Learned advocate for the State submits that the investigation of the police was initiated on the basis of a written complaint of the opposite party No. 2. During the course of investigation the I.O. has gone to the P.O. and collected the evidences. The statement of available witnesses recorded under Section 161 CrPC.

7. The relevant medical document as well as the connected papers has been collected by the I.O. during the course of investigation. The investigating office, after satisfying the prima facie involvement of the present petitioners in the alleged offence has submitted the charge sheet.

8. Mr. Ganguly further submits that the investigation of the police does not disclose any of the offence about one Arparna Biswas, so she has been discharged. Mr. Ganguly further submits that the investigation of the police would be very well reflected in the C.D.