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

The Hon’ble Justice Ajay Kumar Gupta C.R.R. 2676 of 2021 Ratan Kumar Das @ Ratan Das & Ors.

Versus The State of West Bengal & Another For the Petitioners : Ms. Monika Kalra, Adv.

Mr. Shatadru Lahiri, Adv.

Mr. Wasim Akram, Adv.

Mr. Shantam Gulati, Adv.

Mr. Saswata Tripathi, Adv. Ms. Prerana Vishwas, Adv.

For the Opposite Party No. 2 : Mr. Saibal Mondal, Adv.

Ms. Sonali Ghosh, Adv.

Mr. Sarthak Mondal, Adv.

For the State : Mr. Imran Ali, Adv.

Ms. Debjani Sahu, Adv.

Heard on : 20.06.2025 Judgment on : 09.07.2025 Ajay Kumar Gupta, J:

1. Petitioner Nos. 1 and 3 are the brothers-in-law of the complainant/opposite party no. 2 and petitioner no. 2 is the wife of one Nukul Das, who is the brother-in-law of the complainant/opposite party no. 2. They have filed revisional application under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘CrPC’) for seeking quashing of the proceeding being G.R. Case No. 647/2020 arising out of Amdanga Police Station Case No. 160/2020 dated 01.04.2020 under Section 498A of Indian Penal Code, 1860 as well as the Charge Sheet being Charge Sheet No. 346/2020 dated 30.06.2020 under Section 498A of the Indian Penal Code, 1860 and all orders passed therein, pending before the Learned Additional Chief Judicial Magistrate, Barasat, North 24 Parganas.

2. The factual matrix, giving rise to filing of present Criminal Revisional application, is that a complaint has been lodged by Opposite Party No.2, Tapati Das against her husband and in-laws alleging that she married Joydeb Das according to Hindu Rites and Customs. Since after marriage, she was subjected to torture both mentally and physically by her husband and in-laws. On 31.03.2020, at about 12.00 hrs., the accused persons abused her in filthy language and when she raised objection, they assaulted the complainant and drove her away from her matrimonial house.

3. On the basis of said complaint, an FIR was lodged being Amdanga Police Station Case No. 160/2020 dated 01.04.2020 under Section 498A of Indian Penal Code, 1860 against her husband and the present petitioners and investigation was initiated.

4. Upon completion of investigation, Charge Sheet being Charge Sheet No. 346/2020 dated 30.06.2020 under Section 498A of the Indian Penal Code, 1860 has been submitted against husband and the present petitioners.

5. The specific case of the present petitioners is that they are innocent and are in no way connected with the alleged offence. They reside separately and do not share common mess with the complainant and her husband and were not involved in their day-to-

day matrimonial life.

6. It is further contended that the complainant has also filed a complaint under the Protection of Women from Domestic Violence Act, 2005 being Case No. C/684/2020 before the Competent Court only against her husband. None of the present petitioner were arraigned as parties and no allegation made against them in the said proceedings. The petitioners alleged that the allegations levelled in the written complaint against them are out and out false. Hence, this application for quashing of the proceedings.

SUBMISSION ON BEHALF OF THE PETITIONERS:

7. Learned counsel appearing on behalf of the petitioners vehemently argued and submitted that the opposite party no. 2 has falsely implicated the petitioners without disclosing the essential ingredients as required to establish an offence under Section 498A of the IPC and further the allegations levelled against the present petitioners are general, vague and failed to attribute any specific role of the petitioners with regard to the allegations of cruelty.

8. It was further submitted that during investigation, no substantial evidence was collected against the present petitioners to implicate them for an offence punishable under Section 498A of the IPC. In absence of such substantial evidence, the accusations of the de-facto complainant apparently found concocted, fabricated