Lalan Prasad Gupta and Others vs State of West Bengal and Others

Ashim Kumar Roy, J.

Except husband, the relations of the husband, namely, the parents-in-law, brothers-in-law and sisters-in-law and their husbands, have approached this court for quashing of a case instituted otherwise then on a police report relating to an offence punishable under section 498A IPC. The learned Counsel for the petitioners submitted that this is a fit case for quashing, inasmuch as, taking the allegation made in the petition of complaint together with those transpire from the initial deposition of the complainant, nothing transpires against the present petitioners. So far as the sister-in-law is concerned the only other allegation against her was this that the husband had an extra marital affair with her, beside that entire allegation is directed against the husband. He contended even accepting the allegation made against the sister-in-law to be true but that would not amount to an offence punishable under section 498A IPC.

Having regard to the facts none was appearing on behalf of the complainant in spite of service of notice, although the impugned proceeding was instituted otherwise than on a police report, this court requested Mr. Amartya Ghosh, the learned Junior Government Advocate to intimate the complainant through local police station, where she is residing about the date fixed for hearing of this case. Today a report is submitted, which shows that although police made several attempt to intimate her but she paid no response.

In the petition of complaint, there is no specific allegation against the present petitioners, except that when the principal accused, the husband, demanded further articles to be brought by the complainant from her parents, they lent their support. The complainant claimed that the petitioners by prosecuted under section 498A IPC and the court also took cognizance of such offence. It be noted no cognizance was taken for an offence punishable under the Dowry Prohibition Act, nor there was any such prayer from the side of the complainant. Now, considering the extent of allegation made against the present petitioners, this court has no doubt that no offence punishable under section 498A IPC has been made out against them. Even in the initial deposition of the complainant, this court did not find any prima facie materials against the petitioners for commission of such offence.

Having regard to above, the impugned complaint case being C.R. Case No. 18 of 2013, now pending before the learned Judicial Magistrate, Haldia, is quashed so far as the petitioners are concerned. In the result, this criminal revision stands allowed and disposed of.

Urgent xerox certified copy of this order, if applied for, be given to the parties within a week from the date of making such application.