KALIDAS MUKHERJEE, J. - (1.) THIS is an application under Section 397/410 read with Section 482 of the Code of Criminal Procedure praying for quashing of the proceedings being G. R. Case No. 2599/2010 arising out of Bashirhat P.S. Case No. 504 dated 22.12.2010 under Section 498A/406/323/34 of the Indian Penal Code now pending before the learned Additional Chief Judicial Magistrate, North 24 Parganas.
(2.) THE petitioner no. 1 is the mother-in-law and petitioner no. 2 is the father-in-law of the de facto complainant. THE petitioner no. 2 is aged about 73 years and petitioner no. 1 is aged about 67 years and both of them are suffering from various old age ailments. The complainant filed a petition of complaint in the Court of learned Chief Judicial Magistrate, Bashirhat under Section 156(3), Cr.P.C. alleging that she was married with accused no. 1, Abdul Alim Kabiraj about seven years ago. At the time of marriage several articles were gifted. After marriage the complainant came to the house of her husband and started living there. Thereafter the complainant conceived. The accused no. 1, that is, her husband used to assault her and, as a result, there was miscarriage. In spite of that the complainant lived with the accused no. 1. Her husband used to come at mid night in a drunken condition and used to assault the complainant.
(3.) THE complainant came to learn that her husband had illicit relationship with one Parvina Bibi and the complainant opposed her husband. But being instigated by other accused persons, her husband assaulted her by fists and blows and drove her out from the matrimonial home on 4.12.10. Her husband did not return the articles which were gifted to her at the time of marriage. The complainant is now residing in the house of her father.;