- (1.) Petitioner Rupa Das has filed this application under Section 482 of the Code of Criminal Procedure, 1973 against the State of West Bengal and Rekha Rani Das as opposite party nos. 1 and 2 respectively for quashing of the proceedings of Complaint Case No. C/05/2012 under Sections 448/323/506 of the Indian Penal Code which is pending in the 1st Court of learned Judicial Magistrate, Barasat in the District of North 24 Parganas. The petitioner is wife of son Raju Das of opposite party no. 2. According to the application under Section 482 of the Code of Criminal Procedure, petitioner's husband Raju Das is a military personnel posted as driver in C.R.P.F. in the State of Tripura. The house property wherein petitioner with her minor son have been living belonged to petitioner's mother in law opposite party no. 2 who gifted the said house property to petitioner's husband that is son of opposite party no. 2 namely, Raju Das by virtue of a registered deed of gift dated 31st December, 2010. Subsequently, said Raju Das gifted the said property to the petitioner by virtue of a registered deed of gift dated 01.08.2011. After that, dispute cropped up between petitioner and her parents in law including the opposite party no. 2. Stating inter alia the petitioner has alleged that she was driven out from the house property by her parents in law. Thereafter, when petitioner's husband Raju Das returned to the house from Tripura petitioner also returned to that house. Petitioner lodged Complaint Case No. C- 2968/11 on 24.11.2011 in the Court of learned Chief Judicial Magistrate, Barasat alleging incident dated 08.08.2011 as police did not take any step on petitioner's lodging G.D.E. No. 449 dated 8.11.2011. The petitioner and opposite party no. 2 live in the same house. Opposite party no. 2 and her husband commit torture on petitioner. Relating to torture on petitioner FIR was lodged by the petitioner and Barasat Police Station Case No. 11 dated 02.01.2012 has been started in connection with occurrence dated 30.12.2011. Opposite party no. 2 also brought several criminal cases against the petitioner and also filed Title Suit No. 276 of 2011. Said title suit is pending in the 1st Court of learned Civil Judge, Junior Division, Barasat. Petitioner has alleged that her mother in law opposite party no. 2 has falsely filed Complaint Case No. C/05/2012 under Sections 448/323/506 of the Indian Penal Code. As such, proceedings of that case is liable to be quashed as per petitioner's prayer.
(2.) At the time of hearing learned Advocate for the petitioner has argued that the criminal case has been filed falsely and there was no mens rea of the petitioner for lodging the complaint by the opposite party no. 2. It has been further argued that since the petitioner herself is the owner of the house property there cannot be house trespass and there is no question of assault by petitioner to opposite party no. 2 demanding the house property in her name. He has submitted for quashing the proceedings of Complaint Case No. C/05/2012. Learned Advocate for the petitioner has further advanced his arguments that when a civil suit regarding same subject matter is pending between petitioner and opposite party no. 2. Said parties cannot be allowed to litigate before criminal Court on same subject matter.
(3.) It appears from the annexures filed by petitioner that the opposite party no. 2 lodged a complaint which was registered as C/05/2012 under Section 448/323/506 of the Indian Penal Code.;