Asim Kumar Roy, J. - (1.) Invoking Sec. 482 of the Code of Criminal Procedure the petitioners have moved this criminal revision seeking quashing of the charge -sheet under Ss. 498A/406/34 of the Indian Penal Code relating to G.R. Case No. 1359 of 2008 now pending before the Learned Chief Judicial Magistrate, Barasat, arising out of Ashok Nagar P.S. Case No. 186 dated 2.7.2008.
(2.) In support of this application it was vehemently contended although according to the averments made in the application for maintenance under Sec. 125 of the Code of Criminal Procedure, the husband and the wife were living separately, since August 6, 2007, but in the petition of complaint the date of the alleged incident has been mentioned as August 7, 2007 and May 14, 2008. It was further contended that all the stridhan articles have been returned.
(3.) However, having gone through the petition of complaint, I find it is the categorical case of the complainant that she was driven out from her matrimonial home after being subjected to cruelty on August 7, 2007. Thereafter on May 14, 2008, when she again returned to her matrimonial home accompanied by her parents, the accused persons abused them and assaulted her on demand of a motor cycle and a gold chain for the accused No. 1.;