- (1.) THE petitioner, who has been charge -sheeted under Section 498A of the Indian Penal Code in connection with Kakdwip Police Station Case No.77/2013 corresponding to G.R. Case No.322/2013 now pending before the learned Additional Chief Judicial Magistrate at Kakdwip, South 24 -Pargansas, has come up before this Court for quashing of the same on the ground that neither the allegations made in the FIR nor what have been collected during investigation, have disclosed commission of the offences for which charge sheet has been submitted.
(2.) I have very carefully gone through the FIR, which is annexed to this application. I find no allegation has been made, which constitutes an offence for which charge sheet has been submitted. Now, going through the Case Diary, I find the statements of witnesses recorded under Section 161 CrPC also do not make out any offence punishable under Section 498A of the Indian Penal Code.
(3.) WHILE the learned Advocate for the opposite party No.2 has not disputed the position so far as that relates to the FIR, the facts in the statements of the witnesses recorded during investigation, there was no allegation against the petitioner to constitute the offence alleged has not been refuted from the side of the State. Now considering the materials on record, I find it is the case of the de facto complainant that against the wishes of his family the petitioner married her. After marriage, initially they used to stay in a rented house then shifted to her matrimonial home, where both her father -in -law and the mother -in -law started torturing her and asked her to go away. But no allegation has been spelt out against the petitioner.;