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

The Hon’ble Justice Ajay Kumar Gupta C.R.R. 2946 of 2022 Achyut Bhadra & Anr.

Versus The State of West Bengal & Another For the Petitioners : Mr. Kamalesh Chandra Saha. Adv.

Mr. M. Saha, Adv. Mr. S. Saha, Adv.

Ms. Payel Mitra, Adv.

For the State : Mr. Imran Ali, Adv.

Ms. Debjani Sahu, Adv.

Heard on : 25.02.2025 Judgment on : 28.03.2025 Ajay Kumar Gupta, J:

1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 filed by the petitioners being the accused persons seeking quashing of the proceeding being ACGR No. 3029 of 2022 arising out of Patuli P.S. Case No. 146 dated 13.07.2022 under Sections 498A/506/34 of the Indian Penal Code, 1860 pending before the Learned Additional Chief Judicial Magistrate, Alipore.

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

2a. Petitioner No. 1 is the husband and Petitioner No. 2 is the mother-in-law of the Opposite Party No. 2. The petitioner no. 1 married opposite party no. 2 in the year 2015 and started living in the matrimonial home, where their conjugal life was consummated. In 2016, she became pregnant. However, on 2nd February, 2017, the de-facto complainant/opposite party no. 2 left the matrimonial home. During this period, the petitioner no. 1 filed several cases against the opposite party no. 2, most of which were dismissed. Despite these circumstances, she returned to the matrimonial home in the month of February, 2022 primarily for sake of child. However, same ill-

treatment and torture from the petitioners resumed.

2b. The opposite party no. 2 had lodged a written complaint on 13.07.2022 to the Officer-in-Charge of Patuli P.S. alleging, inter alia, therein that from the very beginning both the petitioners had been torturing her physically from outset of marriage. She claimed that the abuse intensified during her pregnancy, leading her to leave the matrimonial home. After returning in 2022, she continued mistreatment. On 4th July, 2022, during her birthday ceremony, the petitioner no. 1 allegedly came to her parental house, subjected her to further torture and threatened her with dire consequences and also attempted to forcibly take the child on 11th July, 2022 at about 8.50 PM. Additionally, mother-in-law i.e. petitioner no. 2 allegedly threatened to prevent her from returning to the matrimonial home if she remained in her parental home.

2c. Furthermore, the opposite party no. 2 claimed that the petitioner no. 1 never contributed towards household expenses including child’s schooling, groceries and electricity bill or medical needs.

2d. On the basis of said written complaint, an FIR being Patuli P.S. Case No. 146 dated 13.07.2022 under Sections 498A/506/34 of the Indian Penal Code, 1860 has been registered against the present petitioners and investigation was initiated. In course of investigation, the investigating officer issued notices under Section 41(A) of the CrPC and upon receipt of the said notices, both the petitioners complied with the same and, subsequently, surrendered before the Learned Chief Judicial Magistrate on 24.07.2023 and the Learned Magistrate granted interim bail which was later confirmed.

2e. According to the petitioner no. 1, he had filed a petition for custody of the minor child being Misc. Case No. 209 of 2017 (Act – VIII) before the Learned 3rd Additional District Judge, Barasat, North 24-Parganas and also filed an application under Section 11 of the Hindu Marriage Act against the opposite party no. 2 being Mat Suit No. 115 of 2021 before the Learned District Judge at Barasat, seeking a declaration that the marriage is null and void. In retaliation, the opposite party no. 2 allegedly lodged a false and fabricated written complaint with an allegation against the Petitioners for committing offences though they are innocent and they did not commit any offence. Petitioner no. 2, suffers from the old age ailments