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

The Hon’ble Justice Ajay Kumar Gupta C.R.R. 4132 of 2023 Amitava Ghosh & Another Versus The State of West Bengal & Another For the Petitioners : Mr. Sourav Mondal, Adv.

Mr. Abhirup Halder, Adv.

Mr. Rany Mondal, Adv.

For the Opposite Party No. 2 : Mr. Lakshminath Bhattacharjee, Adv.

Mr. Dipam Mozumder, Adv.

Mr. Banshi Badan Maity, Adv.

For the State : Mr. Rudradipta Nandy, Ld. APP Mr. Manoranjan Mahata, Adv.

Heard on : 17.04.2025 Judgment on : 30.04.2025 Ajay Kumar Gupta, J:

1. The petitioners filed an application under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘CrPC’) seeking for quashing of the proceeding arising out of Chakdah Police Station Case No. 313 of 2023 dated 16.05.2023 under Sections 498A/325/34 of the Indian Penal Code, 1860 corresponding to G.R. Case No. 1371 of 2023 and Charge Sheet being No. 359/2023 dated 31.05.2023 filed under Sections 498A/325/34 of the Indian Penal Code, 1860 as well as all orders passed therein pending before the Court of the Learned Additional Chief Judicial Magistrate, Kalyani, Nadia.

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

2a. Petitioner no. 1 is the father-in-law and petitioner no. 2 is the sister-in-law of the opposite party no. 2. On 16.05.2023, the opposite party no. 2/complainant lodged a written complaint before the Inspector-in-Charge, Chakdah Police Station, inter alia, alleging that she got married with one Saumyadip Ghosh according to Hindu Rites and Customs about 3 years ago. She gave birth of one male child. Subsequently, she was tortured physically and mentally by her husband, father-in-law and sister-in-law. She further alleged that she was forced not to have any sort of contacts with her parental home, as such the opposite party no. 2 started living in Nadia with her husband and child. But, suddenly on 15.05.2023 at about 6:00-6:30 pm, the husband of the opposite party no. 2 assaulted her physically with instigation of petitioners resulting in registration of an FIR being Chakdah Police Station Case No. 313 of 2023 dated 16.05.2023 under Sections 498A/325/34 of the Indian Penal Code, 1860.

2b. After conclusion of investigation, the Investigating Officer submitted a Charge Sheet being No. 359/2023 dated 31.05.2023 under Sections 498A/325/34 of the Indian Penal Code, 1860 against the petitioners and husband of the opposite party no.2 though the contention of the Petitioners is that petitioners are innocent and in no way involved in the offence as alleged by the opposite party no. 2. The allegation against the petitioners is out and out false, frivolous and fabricated. Petitioner no. 1 is a senior citizen presently aged about 80 years and petitioner no. 2 is a married lady residing permanently with her husband in her matrimonial home. Opposite party no.2 and her husband are residing in Nadia after their marriage. Opposite party no. 2 never resided in the in-laws house.

2c. The FIR has been lodged to pressurise the petitioners only to grab one storied residential building standing on a land measuring an area about 2 Kathas and same was constructed by the mother-in-

law, since deceased. A suit for partition being Title Suit No.341 of 2023 is pending before the Learned 2nd Civil Judge, (Sr.) Division at Baruipur. Hence, this application.

SUBMISSION ON BEHALF OF THE PETITIONERS:

3. Mr. Mondal, learned counsel along with others representing the petitioners submitted that whatsoever allegations levelled against the petitioners are false and frivolous. The allegations made by the opposite party no. 2 are out and out false. Opposite party no. 2 has not disclosed any specific overt act played by the petitioners.

3a. It was further submitted that the opposite party no. 2 has made allegations of physical and mental torture by the father-in-law and sister-in-law without residing in her matrimonial home. She is residing in a different place