Form No. J (2)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION

APPELLATE SIDE

Present:

THE HON’BLE JUSTICE CHAITALI CHATTERJEE (DAS)

CRR 3074 of 2018

SOUMI SINHA ROY @ MUKHERJEE

VS.

STATE OF WEST BENGAL

For the Appellant : Ms. Priyanka Jana, Adv.

Mr. Bikramjit Mandal, Adv.

Mr. Parimal Sardar, Adv.

For the State : Mr. Debasish Roy, Adv.

Mr. Avijit Ganguly, Adv. Mrs. Debjani Sahu, Adv.

Heard On : 05.12.2025 Judgment On : 05.12.2025 Uploaded On : 08.12.2025

CHAITALI CHATTERJEE (DAS) J:

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

Code of Criminal Procedure was filed for quashing of the First Information Report being Faridpur P.S. case no. 51 of 2016 dated April 29, 2016 pending before the Court of the learned Additional Chief Judicial Magistrate, Durgapur being G.R. Case No. 700 of 2016 under Sections

498A/323/406/506/34 of the Indian Penal Code and Section 3 of the D.V. Act.

2. The present petitioners are the sister-in-law and her husband.

Brief facts of the case:

3. The marriage between the brother of the present petitioner no.1 namely Subho Sinha Roy and the complainant that is the opposite party no.2 Dolon Sinha Roy was solemnized on 2^nd May, 2015 as per Hindu Rites and after marriage both started living their conjugal life at Newtown . The brother of the present petitioner no.1 was at the point time Block Development Officer, Durgapur Faridpur Block and after expiry of leave he joined the service leaving the complainant in her matrimonial house but the complainant without taking permission from the mother in law or the husband left her matrimonial home on 14.6.2015 .The marital life was only for one and half months and always the relation was very cordial though the parents of the de-facto complainant wanted the brother of the petitioner to be gharjamai It is further the case of the petitioners that after she left the matrimonial home several request was made by the brother of the petitioner no 1 to come back after she always refused and on 4^th September Subho wrote a letter to her and once again requested her to me back and on 8^th September the de-facto complainant along with her family members reached to the office of her husband instead of going to their house and created a scene demeaning her husband in front of all the colleagues and staff of B.D.O office .Despite that Subho accepted her and started their conjugal life which lasted for 3 years and on 12^th September again she left the quarter of her husband. Then the brother of the petitioner filed a suit for divorce before the court of District Judge at Barasat .On receiving the summon of the said suit she put pressure to Subho and the family members to withdraw the said suit and again on 19th September he wrote a letter to her to take back all her belongings . Out of grudge the de-facto complainant lodged the complaint falsely implication g all the family members on 29^th April, 2016 under section 498A/323/406/506/34 IPC and under section 3 of D.P Act .On completion of the investigation charge sheet has been submitted .The petitioner NO1 is the sister in law ,the petitioner no 2 is the husband of the petitioner no 1 who resides at their house at Bongaon and both the petitioner do not share the house hold of the complainant and the petitioners hardly any scope to get acquainted with her since soon after boubhat they returned to their house at Bongaon.

4. Later on after a considerable period a complaint was lodged by the de-

facto complainant before the Officer-in-charge of Laudoha, Faridpur Police Station alleging, inter alia, that she was physically and mentally tortured by her in-laws as well as the present petitioners. She had to inform her parents as the torture was so severe and they rescued her later, on September 7, 2015 she was given a letter from her husband again assuring to take care of her and on next date that is September 8, 2015 she was sent to her husband by her parents. Ultimately her father also informed the block member Sujit