- (1.) This application is for quashing the proceeding of Complaint Case No.833 of 2011 under Sections 342/344 of the Indian Penal Code pending before the learned Judicial Magistrate, 2nd Court, Barasat.
(2.) The short fact is that the elder brother of the petitioner was married to the opposite party No.2 on January 29, 2001 according to Hindu Customs and Rites and one daughter, namely, Tanish Saha was born in the wedlock. There is no good relationship between the husband and wife and as such, dispute arose between the two. The guardians of the parties tried to solve the dispute in vain. As per contention of the husband, the wife mixed with one Sambhunath Saha and the criminal case was lodged against both of them and they, i.e., the wife and the said Sambhunath Saha pleaded guilty to the allegation under Section 290 of the Indian Penal Code. Thereafter, the wife filed a criminal case under Section 498A/406/323/324/34 of the Indian Penal Code against the husband and his other relations. That case is still pending for investigation.
(3.) The wife filed a Complaint Case also under Section 342/344 of the Indian Penal Code against the husband and two others and in that case, she filed an application under Section 97 of the Criminal Procedure Code (henceforth shall be called as 'Cr.P.C. ) for recovery of her minor daughter aged about 8 and half years (now about 10 years). That application under Section 97 of the Cr.P.C. was allowed by the impugned order. In such circumstances, this application has been preferred.;