IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI (Criminal Revisional Jurisdiction)

APPELLATE SIDE Present:

The Hon’ble Justice Krishna Rao CRR No. 116 of 2025 Tapasi Sarkar Versus State of West Bengal & Anr.

Mr. Avrojyoti Das Mr. Rajdeep Das .....For the Petitioner.

Mr. Ujjwal Luksom Ms. Namrata Das …..For the State.

Hearing Concluded On : 20.05.2025 Judgment on : 23.05.2025 Krishna Rao, J.:

1. The petitioner has filed the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for quashing of the First Information Report of Siliguri Women Police Station Case No. 17 of 2025 dated 23rd February, 2025 under Sections 85/ 324(4)/ 351(2) of the Bharatiya Nyaya Sanhita, 2023 pending before the Learned Court of Additional Chief Judicial Magistrate at Siliguri.

2. The petitioner herein is the Sister-in-law of the opposite party no.2 who has initiated the above case against the petitioner and other persons before the Siliguri Women Police Station.

3. Mr. Avrojyoti Das, Learned Advocate representing the petitioner submits that before initiation of the present case by the opposite party No.2, the opposite party no. 2 filed an application under Section 12 read with Sections 17, 18, 19, 20 and 22 along with an application under Section 23 of the Protection of Women from Domestic Violence Act, 2005 against the petitioner along with her husband and two others before the Learned Additional Chief Judicial Magistrate at Siliguri being Misc Case No. 144 of 2024.

4. Mr. Das submits that the petitioner along with her husband preferred a Criminal Revisional Application before this Court for quashing of the said proceeding. On 12th February, 2025, this Court has quashed the said proceeding initiated by the opposite party no.2 against the petitioner and her husband. He submits that this Court has quashed the proceeding of the Protection of the Women from Domestic Violence Act, 2005 on 12th February, 2025 and immediately, the opposite party no. 2 has initiated the present case on 23rd February, 2025.

5. Mr. Das submits that the petitioner is a married woman and the marriage of the petitioner was solemnized on 2nd December, 2007 i.e. eleven (11) years before the marriage of the opposite party no.2 with the brother of the petitioner. He submits that the petitioner never shared the household with the opposite party no.2 or stayed under the same roof with the opposite party no.2.

6. Mr. Das submits that the petitioner since after her marriage residing with her husband and in-laws at her matrimonial home which is far away for the house of the opposite party no.2.

7. Mr. Das submits that the opposite party no.2 has initiated the instant criminal proceeding against the petitioner with an oblique motive to wreck the personal vendetta. He submits that there is no iota of evidence which can prove the allegation made by the opposite party no. 2 against the petitioner for the offence under Sections 85/324(4)/

351(2) of the Bharatiya Nyaya Sanhita, 2023.

8. Mr. Das in support of his submissions, has relied upon the following judgments:

i. Dara Lakshmi Narayana & Ors. vs. State of Telangana & Anr. passed in Special Leave Petition (Criminal) No. 16239 of 2024 dated 10th December, 2024.

ii. Deepak Chatterjee @ Dipak Chatterjee & Ors.

vs. State of West Bengal & Anr. reported in CRR

261 of 2020 dated 8th June, 2023.

iii. Rupen Dhar & Ors. vs. State of West Bengal &

Ors. passed in CRR No. 93 of 2021 dated 17th May, 2023.

iv. Kahkashan Kausar @ Sonam & Ors. vs. State of Bihar & Ors. passed in Criminal Appeal No. 195 of 2022 (arising out of SLP (Crl.) No. 6545 of 2020) dated 8th February, 2022.

v. Sushil Kumar Sharma vs. Union of India & Ors.

reported in 2005 (5) Supreme 137.

9. Mr. Ujjwal Luksom, Learned Advocate representing the State submits that on the basis of the written complaint of the opposite party no.2, the Siliguri Women Police Station registered the case and the opposite party no.2 in her written complaint, a specific allegation made