Kalidas Mukherjee, J. - (1.) This is an application under Sec. 482 of the Code of Criminal Procedure praying for quashing of the criminal proceedings and the charge sheet submitted in connection with the CGR Case No. 998 of 2009 arising out of Tollygunge Police Station Case No. 50 of 2009 dated 18.3.2009 under Ss. 498A/306 of the Indian Penal Code.
(2.) The case of the petitioner, in short, is that the O.P. No. 2 lodged F.I.R. with the O.C. of Tollygunge P.S. alleging that the petitioner and his family members mentally tortured and harassed his daughter and also demanded dowry. It has further been alleged that his daughter was mentally and physically very strong and being well educated she could not take her life herself. A case was registered under Ss. 498A and 306 of the I.P.C. being F.I.R. No. 50 dated 18.3.2009. After completion of investigation charge sheet was submitted under Sec. 498A/306 of the I.P.C.
(3.) The learned Counsel appearing on behalf of the petitioner submits that the defacto -complainant being misled lodged the F.I.R. and he has no grudge against the son -in -law. It is contended that none of the witnesses stated anything incriminating against the accused/petitioner and no prima facie case has been made out. It is submitted that from the materials collected during investigation it would appear that there was no abetment on the part of the accused/petitioner and the ordinary conjugal quarrel or altercation would not, ipso facto, amount to cruelty. It is contented that there is no material to show that there was any instigation on the part of the accused/petitioner towards the commission of suicide by his wife. The learned Counsel has referred to the decisions reported in, 2010(1) SCC 917 [Gangula Mohan Reddy v/s. State of Andhra Pradesh]; : 2009 Cr.L.J. 4678 [Anil Kumar Sarkar v/s. The State of West Bengal and Ors.]; : 2002 Cr.L.J. 2796 [Sanju alias Sanjay Singh Sengar v/s. State of Madhya Pradesh]; unreported decision of this Hon'ble Court in CRR 3976 of 2009 [Bithal Maliah @ Bithal Nath Maliah v/s. The State of West Bengal and Anr.].;