Harpreet Singh & Ors. v. The State of West Bengal

First Information Report were out and out false and had no basis whatsoever.

#10. Further it was stated in the application under Section 125 of the Code of Criminal Procedure that during such stay in her parental home she became pregnant but subsequently she voluntarily terminated such pregnancy, even though reluctantly as per the desire of petitioner no.1. 6 In view of such a stance the allegation of causing miscarriage by perpetrating torture upon the opposite party no.2 as stated in the First Information Report was wholly untenable.

#11. The petitioner no.1 already filed show-cause in respect of the application under Section 125 Code of Criminal Procedure.

#12. Ultimately by an order dated 12.05.2010 passed by the Learned 8th Judicial Magistrate, Alipore the aforesaid proceeding under Section 125 of the Code of Criminal Procedure had been dismissed for non- prosecution.

#13. Mere reading of the petition of complaint it would transpire that the instant case had been lodged by the opposite party no.2 after a protracted delay which she failed to explain.

#14. The opposite party no.2 never stayed at the matrimonial home and as such the petitioners had no occasion to commit the offences as alleged by the opposite party no.2.

#15. In the application under Section 125 of the Code of Criminal Procedure the opposite party no.2 categorically stated that even after marriage she had been residing in her parental home and petitioner no.1 used to visit her occasionally in her parental home.

#16. The admissions of the opposite party no.2 in the proceeding under Section 125 clearly exonerated the petitioners from any criminal liability arising from the allegations levelled against them by the opposite party no.2.

#17. The Learned Advocate for the petitioners submitted as follows:- i. The petitioners herein had been motivatedly dragged in the instant case just to harass and humiliate them before the society. 7 ii. The opposite party no.2 never stayed at the matrimonial home and as such the petitioners had no occasion to commit the offences as alleged by the opposite party no.2. iii. In the application under Section 125 of the Code of Criminal Procedure the opposite party no.2 categorically stated that even after marriage she had been residing in her parental home and petitioner no.1 used to visit her occasionally in her parental home. iv. It was abundantly clearly from her contention in the application under Section 125 of the Code of Criminal Procedure that she had never resided in her matrimonial home and as such the allegations included in the complaint were out and out false and had no basis whatsoever. v. It was stated in the application under Section 125 of the Code of Criminal Procedure that during such stay in her parental home she became pregnant but subsequently she voluntarily terminated such pregnancy, though reluctantly as per the desire of petitioner no.1. vi. This Hon'ble Court while exercising jurisdiction under Section 482 of the Code of Criminal Procedure was duly empowered to look into admitted documents of unimpeachable nature and as such this Hon'ble Court could look into the documents in the proceeding under Section 125 of the Code of Criminal Procedure filed by the opposite party no.2. vii. The admissions of the opposite party no.2 in the proceeding under Section 125 clearly exonerated the petitioners from any 8 criminal liability arising from the allegations levelled against them by the opposite party no. 2. viii. A bare perusal of the complaint would show that it did not contain any averment with regard to the ingredients of offence under Section 406 of the Indian Penal Code and in view of the same taking of cognizance by the Magistrate for the aforesaid offence was not sustainable. ix. The instant case if allowed to continue should amount to severe travesty of justice and prejudice to the petitioner. x. It was imperative in the interest of justice that the impugned proceeding be quashed.

#18. The Learned Advocate representing the State has placed the entire case diary for the perusal of this Court and submitted at the nascent stage the proceedings should not be quashed since the charge-sheet had already been submitted against the petitioners.

#19. The records placed by the Learned Advocate representing the State revealed the petitioner no. 1 to have instituted a divorce proceeding being Mat. Suit No. 1803 of 2008 in the Court of Learned District Judge at Alipre under Section 25(ii) of the Special Marriage Act, 1954 read with Section 9 of the Indian Contract Act, 197 on 18.09.2008.

#20. The opposite party no. 2 filed a written statement to the aforesaid suit renumbered as Mat. Suit No. 4/2009 on 04.11.2009. In the intervening period, the opposite party no. 2 lodged the complaint on 19.12.2008 alleging an incident earlier occasioned. Moreover, her version in an application filed under Section 125 of the Cr.P.C. inferred her absence in the matrimonial home. 9

#21. The allegations of the opposite party no. 2 against the petitioners are general and omnibus in nature and indisputably a counter blast to the suit for obtaining divorce filed by the petitioner no. 1. If the opposite party had been subjected to inhuman and unbearable torture, nothing could have prevented her to file a complaint earlier. The proclivity to drag and harass the family members of the husband implicating them in false criminal cases is rampant and the instant complaint is not exception.

#22. In view of the above discussions, the proceedings in B.G.R. Case No.5930/2008 (T.R. No.1751/2009) pending before the Learned Judicial Magistrate, 3rd Court, Alipore, South 24-Parganas, arising out of Behala Police Station Case No.533 of 2008 dated 19.12.2008 under Sections 498A/406/34 of the Indian Penal Code all orders passed therein are quashed.

#23. Under such facts and circumstances, the instant criminal revisional application being C.R.R. 2083 of 2010 is allowed.

#24. Accordingly, C.R.R. 2083 of 2010 stands disposed of.

#25. There is no order as to costs.

#26. Case diary, if any, be returned forthwith.

#27. Let the copy of this judgment be sent to the Learned Trial Court as well as the police station concerned for necessary information and compliance.

#28. All parties shall act on the server copy of this judgment duly downloaded from the official website of this court. (Ananya Bandyopadhyay, J.)