Debalina Dasgupta vs The State of West Bengal

Ashim Kumar Roy, J.—Invoking Section 482 of the Code of Criminal Procedure, the petitioner challenged an order whereby the Learned Trial Court rejected her plea for discharge and came to a conclusion that there are sufficient materials for framing of charge against her with the accused/husband and his seven relatives under Sections 498A/304B of the Indian Penal Code with the aid of Section 109 of the Code of Criminal Procedure.

Heard the learned advocates appearing on behalf of the parties. Perused the Case Diary containing the charge-sheeted materials.

In support of this application for quashing it has been contended as follows;

(a) The petitioner has not been named in the FIR.

(b) It is the allegation that due to ill-treatment on demand of dowry the victim committed suicide, but there is no allegation that due to an alleged extra-marital affairs with the petitioner she committed suicide.

(c) On the allegation that the husband has an extra-marital affairs with the petitioner, his office colleague and the husband and his other relations insisted the victim to give him divorce to enable him to marry the petitioner, no offence can said to have been made out justifying framing of charge against her.

The learned advocate appearing on behalf of the State Produced the Case Diary and vehemently opposed the prayer for quashing and submitted sufficient materials have been collected during investigation to show due to the extra-marital affairs between the husband and the petitioner the victim committed suicide.

In this connection he draws my attention to a SMS sent by the victim SMS clearly implicated the petitioner for leading her to commit suicide. He also draws my attention to the statement of the employer of the petitioner, wherefrom it appears that due to the free mixing between the petitioner and Subhojit, the husband of the victim some disputes arose between the husband and wife and she committed suicide.

In view of the aforesaid evidentiary materials on record there is no scope to quash the case. Accordingly, this application stands dismissed.

Criminal Section is directed to deliver urgent Photostat certified copy of this Judgement to the parties, if applied for, as early as possible.