IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION

Present:-

THE HON’BLE JUSTICE CHAITALI CHATTERJEE (DAS)

CRR NO.2498 of 2023

SUDIPA SAHA

VS.

THE STATE OF WEST BENGAL & ANR.

For the Petitioner : Mr. Robiul Islam, Adv.,

Mr. Raju Mondal, Adv., Mr. M. Rahaman, Adv.

For the State : Ms. Anasuya Sinha, Adv.,

Ms. Poulami Bose, Adv.

Last heard on : 28-11-2025. Judgement on : 28-11-2025. Uploaded on : 02.12.2025

CHAITALI CHATTERJEE (DAS), J. :-

1. This revisional application under Section 482 read with Section 401 of the Code of

Criminal Procedure, 1973 has been filed for quashing of the criminal proceeding pending before the learned Chief Judicial Magistrate, Murshidabad, in connection with Police Station Case No.224 of 2022 dated 27^th May, 2022 under Section 306 of

the Indian Penal Code.

2. It is the case of the petitioner that the petitioner had a relation with the son of the opposite party no.2 who was a student of Amta College at Murshidabad. Unfortunately, the incident happened whereby the said son of the present opposite party no.2 hanged himself in the house of the complainant on 24^th May, 2022 and this complaint has been lodged by the father of the deceased being the opposite party no.2 before the Hariharpara Police Station on 27^th May, 2022 against the present petitioner holding her responsible for such unfortunate death. On the basis of such written complaint, Hariharpara Police Station Case No.224 of 2022 dated 27^th May, 2022 under Section 306 of the Indian Penal Code started and the petitioner was arrested and produced before the learned Chief Judicial Magistrate, Murshidabad on 04^th November, 2022. She got bail only on 21-11-2022. On completion of the investigation, charge sheet has been submitted on 12th November, 2022.

3. It is submitted by the learned advocate of the petitioner that the present petitioner is no way connected with the alleged offence and there was no involvement of the petitioner in the said allegations as levelled against him. It is submitted that this application had to be filed for quashing of the said proceeding since the complaint has been lodged with frivolous allegation against her .It is further submitted that the allegations made in the complaint are so absurd that no prudent person can ever reach to such conclusion that there is sufficient ground for proceeding against the petitioner. In this connection, learned advocate relied upon the decision of State of Haryana &

Ors. Vs. Bhajan Lal & Ors., reported in, (1992) Supp (1) SCC 335 and submits that no other parameters as required to maintain can application for quashing can be found from the complaint and hence, if the proceeding is allowed to be continued, it would be the abuse of the process of law.

4. Learned Prosecution has handed over the Case Diary of the case and draws the attention of the Court to the statement made by the witnesses and candidly submits that there may not be that ingredient so as to constitute an offence under Section 306 of the Indian Penal Code. None appears to represent the opposite party no.2 despite service of notice.

5. Heard the submission of learned Advocates. The complaint had been lodged on 27^th May, 2022 by the father of the victim deceased who was aged about 19 years at the very point of time and who committed suicide. The said complaint reveals that the petitioner had a romantic relationship with the said son .It has been alleged that the present petitioner refused to marry despite making a promise and further she pressurized him for money and also blackmailed him for which his son was mentally depressed and compelled to commit suicide on 24^th May, 2022 at about 09-17 A.M. immediately after the telephonic conversion between the parties. From the Case Diary prima facie it is seen on perusal of the surathal report that the victim was suffering from mental depression for some days and, therefore, he committed suicide on that particular day. The other submission recorded by the various witnesses under Section 161 of t