IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION Appellate Side Present:

The Hon’ble Justice Ajay Kumar Gupta C.R.R. 5469 of 2024 With CRAN 1 of 2025 Sri Sourav Roy & Ors.

Versus The State of West Bengal & Another For the Petitioners : Ms. Baisali Ghoshal, Adv. For the Opposite Party No. 2 : Mr. Soumik Ganguli, Adv.

Ms. Chandana Chakraborty, Adv.

Ms. Priti Burman, Adv.

For the State : Mr. Saibal Bapuli, Addl. PP Ms. Pallavi Priyadarshee, Adv.

Heard on : 17.07.2025 Judgment on : 30.07.2025 Ajay Kumar Gupta, J:

1. Petitioners have preferred this Criminal Revisional application under Section 482 of the Code of Criminal Procedure, 1973 (In short ‘CrPC’) corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) seeking quashing of the proceeding being G.R. Case No. 1229 of 2024 arising out of Bankura Women Police Station Case No. 118 of 2024 dated 08.09.2024 under Sections 85/115(2)/351(2)(3)/316(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (in short BNS) read with Sections 3/4 of the Dowry Prohibition Act, 1961 pending before the Court of the Learned Chief Judicial Magistrate, Bankura and all orders passed therein in connection with the instant case.

2. The brief facts of this case are relevant for the purpose of disposal of this case are as under: -

2a. The Petitioner No. 1 is the husband of Opposite Party No. 2 – Smt. Sharmila Sengupta (Roy). The Petitioner No. 2 is the father-in- law and Petitioner Nos. 3 and 4 are the uncle and aunt in-laws of Opposite Party No. 2. The marriage between the Opposite Party No. 2 and Petitioner No. 1 was solemnized on 17.01.2023 according to Hindu Rites and Customs and, thereafter, they started residing together as husband and wife at the matrimonial home situated at Barakar Road, Purulia Town, Purulia.

2b. However, on and from 10.03.2024, the Opposite Party No. 2, owing to her service, voluntarily began residing separately from the Petitioner No. 1 at 2/44, Azadgarh, near Azadgarh Market, Police Station – Golf Green, Kolkata – 700 040.

2c. On the basis of written complaint of Opposite Party No. 2 dated 24.08.2024, an FIR was registered being Golf Green Police Station Case No. 193/2024 dated 24.08.2024 under Sections 115(2)/126(2)/79 of the BNS, 2023 corresponding to G.R. Case No. 4787 of 2024 against the Petitioner No. 1 and initiated investigation thereof. The allegations levelled against her husband in the written complaint dated 24.08.2024 are, inter alia, to the effect that on 17.08.2024 at around 7.30 A.M., the Petitioner No. 1 came to the residence of the Opposite Party No. 2 where she was temporarily staying under the Golf Green Police Station and picked up a quarrel, physically assaulted her, used filthy and abusive languages and issued threats to her life. After such incident, the Opposite Party No. 2 traumatized and fell ill. She received medical treatment at SSKM Hospital on 24.08.2024.

2d. The Opposite Party No. 2, under gross abuse of process of law, on the self-same issue and cause of action, lodged another complaint on 08.09.2024 to the Officer-in-Charge, Bankura Women Police Station against the Petitioner No. 1 and other in-laws (including Petitioner Nos. 2 to 4) and in pursuant to the said complaint, another case being Bankura Women Police Station Case No. 118 of 2024 dated 08.09.2024 under Sections 85/115(2)/351(2)(3)/316(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 3/4 of the Dowry Prohibition Act, 1961 was registered corresponding to GR Case No. 1229 of 2024.

2e. The Petitioner Nos. 2, 3 and 4 contended that they reside separately and they were in no way connected with the matrimonial affairs of the Petitioner No. 1 and Opposite Party No. 2. They were also in no way involved in their day to day household matters and/or matrimonial life of the Petitioner No. 1 and Opposite Party No. 2. However, in the second complaint, the Opposite Party No. 2 made an allegation to the effect that “at the time of marri