Joymalya Bagchi, J. - (1.) PROCEEDING in G.R. Case No. 1125/09 arising out of Khardah Police Station Case No. 81 dated 17.2.09 under sections 498A/34 of the Indian Penal Code including the order dated 6.8.2013 passed therein, has been challenged in this revision petition.
(2.) THE prosecution case as made out in the First Information Report is to the effect that the opposite party was marred to the petitioner on 7.1.2000 under the Special Marriage Act. Soon after the marriage the petitioner and other accused persons started subjecting her to mental and physical torture on demands of further dowry. On 18.1.2002 the opposite party No. 2 was forced to leave her matrimonial home and since then she is living her parental house. Over the aforesaid incident, in 2009 the opposite party No. 2 took out an application under section 156(3) of the Code of Criminal Procedure before the court of the learned Additional Chief Judicial Magistrate, Barrackpore, North 24 -Parganas. Pursuant to the direction of the learned Magistrate Kharda Police Station Case No. 81 dated 17.2.2009 under sections 498A/406/120B/34/506(II) of the Indian Penal and under sections 3/4 of the Dowry Prohibition Act was registered for investigation against the petitioner and two other accused persons. In conclusion of investigation, charge sheet was filed under sections 498A/34 of the Indian Penal Code against the petitioner and two other accused persons. It is pertinent to note that one of the accused person, namely the mother -in -law of the opposite party No. 2 has expired in the meantime. Prayer for discharge of the petitioner under section 167(5) Cr.P.C. was turned down by the trial Court by the impugned order dated 06.08.2013.
(3.) MS . Santra, learned counsel appearing for the petitioner submitted that the impugned proceeding is an abuse of the process of Court. Admittedly the parties are living separately from 2002 and after expiry of more than seven years the impugned criminal proceeding has been started. Three is no iota of explanation as to why the impugned criminal proceeding was instituted after an inordinate delay of seven years. It is further submitted that the allegations are general and omnibus in nature and do not constitute 'cruelty ' as defined in section 498A of the Indian Penal Code.;