- (1.) Present petition has been filed under Section 482 of the Code of Criminal Procedure praying that FIR No. 28 of 2009 dated 7th May, 2009 registered at Sitai Police Station, Cooch Behar along with Charge Sheet No. 38 of 2009 dated 31st August, 2009 submitted for offence under Section 498A of the Indian Penal Code, be quashed.
(2.) On 2nd July, 2012, this Court had permitted the Counsel for the petitioner to place on record translated copy of the FIR and statement of the aggrieved wife, recorded under Section 161 of the Code of Criminal Procedure. It would be apposite here to reproduce the application submitted by the complainant against the petitioner, who is his husband, father-in-law and mother-in-law : "Four years ago the complainant was married to the accused No. 1 in the month of Asarh as per Hindu Scripture. After marriage she continued to lead her family life in the house of her husband and a male child was born. After the birth of a male child the accused No. 1 went outside in search of work. At that time the father-in-law of the Complainant made passes at her. The complainant refused and informed her mother-in-law. The mother-in-law of the complainant having not protested against this the complainant finding no other means, went to her parents house. The husband of the complainant after returning to his home went to the house of the father of the complainant for bringing her. Then the complainant informed her husband about the misdeeds of her father-in-law. After holding meeting in the house of the complainant her husband took the complainant to his house. For all these incidents all the accused together continued to assault the complainant badly." Thereafter, this Court, on 3rd September, 2012, had passed the following order : "Counsel for the petitioner place on record true translated copy of the F.I.R. Counsel for the petitioner has submitted that all allegations were against the father-in- law. No offence under Section 498A I.P.C. is made out against the petitioner husband. Issue notice to the opposite parties returnable for 30th November, 2012. Meanwhile, further proceedings qua the petitioner in the court below are stayed. Criminal Section is directed to supply urgent Photostat certified copy of this order, if applied for, to the parties after compliance of necessary formalities."
(3.) Today, Shri Shiladitya Sanyal, learned Additional Public Prosecutor, after perusing the Case Diary, has submitted that only allegation against the petitioner husband is that he used to go out for search of job and during his absence, father-in-law used to make indecent proposals to the de facto complainant, wife of the petitioner. Shri Sanyal has submitted that to this effect, statements of the neighbour have also been recorded.;