- (1.) Petitioners herein has filed an application under Section 482 of the Code of Criminal Procedure praying for quashing of all proceedings in connection with G.R. Case No. 907 of 2005 arising out of Jaigaon, P.S. Case No. 85 of 2005 under Sections 147/148/149/447/379/506/120B of the Indian Penal Code, now pending before the Learned Judicial Magistrate, 3rd Court, Alipurduar, Jalpaiguri.
(2.) According to the petitioners, Smt. Manju Devi Agarwal's (the Petitioner No. 1) marriage was held with one Sri Suresh Kumar Agarwal and they had been living as husband and wife at her matrimonial home, which is admittedly a joint family. The Opposite Party No. 2 is the brother-in-law of the Petitioner No. 1. According to the Petitioner No. 1, she had been subjected to inhuman physical and mental torture for which her father had to lodge a complaint under Section 498A/307/406/326 and 120B of the Indian Penal Code. That proceeding is still pending for adjudication. After expiry of two months from the date of such incident, the Opposite Party No. 2 had filed an application under Section 156(3) of Criminal Procedure Code that the petitioners with an intention to grab the property of the Opposite Party No. 2 tried to enter in his building and assaulted the Opposite Party No. 2 and his wife and thereafter fled away from the spot snatching away a gold chain of his wife (Opposite Party No. 2.) After such an application was filed before the Learned Additional Chief Judicial Magistrate, Alipurduar, Jalpaiguri, the said Learned Magistrate has directed the officer-in-charge of the police station to investigate treating the said petition of complaint as First Information Report. Thereafter, the Investigation Officer of said Jaigaon, Police Station had submitted charge-sheet against the present petitioners under Sections 147/148/149/447/379/506/120B of the Indian Penal Code.
(3.) Petitioners' specific case is such that he got a letter dated 5th December, 2005 written by the husband of the Petitioner No. 1, i.e. Sri Suresh Kumar Agarwal to the Superintendent of Police, wherein the husband has mentioned that the incident occurred on 24th August, 2005 with regard to which his brother i.e. Opposite Party No. 2, lodged the complaint resulting into initiation of the Jaigaon, P.S. Case No. 85 dated 29.11.2005. According to him, on a plain reading of the said letter will speak that a false case has been instituted against the petitioners. In such circumstances, he has come before this Court with a prayer that Jaigaon, P.S. Case No. 85 dated 29.11.2005 be quashed.;