- (1.) This is an application under Section 482 of the Code of Criminal Procedure for quashing of the proceeding, being B.G.R. Case No. 1010/2003 which arose out of Tiljala Police Station Case No. 82 dated 20th March, 2003 under Sections 498A/109 of the Indian Penal Code (for short, the Code) pending before the Court of learned Sub-Divisional Judicial Magistrate, Alipore, against the petitioners.
(2.) The facts of the case, in brief, are as follows : - (i) The petitioners are neighbours of Soma Mondal, being the complainant in the instant case. Soma Mondal on 20th March, 2003 lodged a complaint with the Officer-in-Charge of Tiljata Police Station alleging inter alia of torture perpetrated by her husband Nemai Mondal. She further alleged that on the day of 'Holi' at 8.30 a.m. her husband Nemai Mondal and the petitioners herein used filthy language and assaulted her for which she was sent to the hospital from the Police Station. In the said complaint it was further alleged that she could not come out of her house out of fear of them and she was, at the time of complaint, living at her paternal home with her 1 year-old daughter. She also alleged that the petitioners herein were responsible for diverting her husband (Nemai Mondal) to immoral activities. (ii) The petitioner No. 1 (being the husband of the petitioner No.2), along with the husband of the complainant was arrested by the police on 20th March, 2003 and produced before the learned Sub-Divisional Judicial Magistrate, Alipore, on 21st March, 2003. On that day itself, the learned Sub-Divisional Judicial Magistrate, Alipore, was pleased to grant bail to the petitioner No. 1. (iii) Subsequently, the petitioner No.2 also surrendered on 24th March, 2003 and was granted bail, she being on the same footing as the petitioner No. 1. (iv) The investigating agency thereafter completed investigation and submitted a charge-sheet being C.S. No. 88 dated 14th April, 2003 under Sections 498A/109 of the Code against (i) Nemai Mondal being the husband of the complainant), (ii) Suraj Yadav (being the petitioner No.1 herein) and (iii) Smt. Soma Yadav (being the petitioner No.2 herein). Thereafter, the instant application under Section 482 of the Code of Criminal Procedure was filed before this Court by the petitioner Nos. 1 and 2.
(3.) Learned Advocate appearing on behalf of the petitioners submitted that the petitioners have been falsely implicated in the said case since they were in no way connected with the commission of the aJleged offences at all. He submitted that in the facts and circumstances of the case, the proceedings against the petitioners may be quashed.;