IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APELLATE SIDE The Hon’ble JUSTICE SUVRA GHOSH C.R.R. 967 of 2024 (CRAN 1 of 2024)

Amaresh Chowdhury v/s.

The State of West Bengal & Ors.

For the Petitioner: Mr. Kushal Kr. Mukherjee, Adv., Ms. Pranidhi Singh, Adv., Ms. Asrukana Maji, Adv., For the Opposite Party/Wife: Mr. Prasenjit Mukherjee, Adv., Ms. Sima Ghosh, Adv., Judgment delivered on: 02.04.2025 SUVRA GHOSH, J. :-

1. The revisional application assails the judgment/order passed by the learned Additional District and Sessions Judge, 1^st Court, Paschim Medinipur on 13^th December, 2023 in Criminal Appeal 54 of 2023. By the said judgment, the learned Judge has affirmed the order passed by the learned Chief Judicial Magistrate, Paschim Medinipur (in charge) in Misc. Case. No. 190 of 2023 on 19th August, 2023. By the order dated 19th August, 2023 the learned Chief Judicial Magistrate has registered the petition filed by the opposite party under section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short the PWDV Act) as miscellaneous case.

2. Learned counsel for the petitioner has sought dismissal of the proceeding under the PWDV Act solely on the ground of material suppression of facts by the opposite party.

3. The opposite party lodged a complaint against the petitioner who is her husband and the family members of the petitioner which was registered as Debra P.S. case no. 611 of 2022 dated 29^th November, 2022 and charge sheet was submitted against the petitioner and two others under section 498A/323/506/34 of the Indian Penal Code. The case was numbered as G.R. Case no. 3998 of 2022. By a judgment delivered on 15^th May, 2023, the learned Chief Judicial Magistrate, 3^rd Court, Paschim Medinipur acquitted the petitioner and other accused persons from the charges upon recording that the couple adduced evidence before the learned Trial Court to the effect the dispute between them was settled and soon after lodging the complaint, the wife (opposite party herein) started residing with her husband and in laws and had no allegation against the accused persons. On the next day, i.e., on 16^th May, 2023 the opposite party filed an application under the PWDV Act before the Protection Officer, Social Welfare Department, Paschim Medinipur alleging domestic violence. An application under section 12 of the Act was filed before the learned Magistrate.

4. Learned counsel for the petitioner has submitted that in the said application, the opposite party has suppressed the fact that the petitioner was acquitted in the criminal case filed by her earlier. In fact, in the application, the opposite party has stated that she left her matrimonial home on 17th April, 2023 and was staying in her father’s house since then. She has also stated that her husband was creating pressure on her and her parents to withdraw the criminal case lodged by her.

5. Per contra, learned counsel for the opposite party has submitted that in her supplementary affidavit filed before the learned Trial Court, she has stated that she was made to adduce evidence before the learned Magistrate in the criminal case by practising fraud upon her. She was told by her husband and other members of her matrimonial family that in the event she adduced evidence before the learned Magistrate to facilitate their acquittal, she would be taken back to her matrimonial home with the child. Despite being mercilessly assaulted by her husband and driven out of her matrimonial home on 28^th November, 2022, she was made to depose before the learned Magistrate that there was only a hot altercation on that date. After pronouncement of the judgment of acquittal by the learned Magistrate, the petitioner and his family members refused to take her back to her matrimonial home for which she approached the Protection Officer on the next day, i.e., on 16^th May, 2023 and filed the case under the PWDV Act.

6. Learned counsel for the opposite party has placed reliance on the authorities i