MD.MUMTAZ KHAN, J. - (1.) This is an application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) filed by the petitioner/accused person praying for quashing of the charge sheet being no. 204/2011 dated July 31, 2011 under Section 498A of the Indian Penal Code(hereinafter referred to as I.P.C.) in connection with Uttarpara PS case no. 69/2011 dated March 14, 2011(GR Case No. 249/2011) pending before the court of learned Additional Chief Judicial Magistrate at Serampore, District- Hooghly on the ground that she is a neither a family member nor relative of the husband and in-laws of the complainant, hence the provisions of Section 498A of the Indian Penal Code is not applicable against her.
(2.) The complainant, Smt. Promita Das, opposite party no. 2 herein, lodged a written complaint before the Inspector-in-Charge, Uttarpara PS against her husband Pranab Das, father-in-law Prasanta Kumar Das and this petitioner alleging that on July 2, 2001 while she had been to her private tuition her neighbour Pranab Das forcibly took her to Dakkhineswar Kali Temple and married her against her will and thereafter took her to his uncle's house at Belanagar. During her stay there she was subjected to cruelty by Pranab Das and was prevented from making any contact with her parents. After 6/7 months she managed to make contact with her family members who then brought her back to her father's house. After some days Pranab Das and his father came to her father's house and told them that he has got a job at Madhya Pradesh and made a proposal to go with him to Madhya Pradesh and lead their conjugal life peacefully. Believing them she went to Madhya Pradesh with Pranab Das but there also she was subjected to cruelty. In the meantime she became pregnant and on her repeated request Pranab Das brought her to her father's house where she delivered a female child. Subsequently, at the intervention of the wellwisher there was a settlement but inspite of that settlement she was subjected to cruelty. In the meantime she came to know that her husband, Pranab Das, had grew intimate relationship with the petitioner and when she confronted with Pranab Das about such relation he assaulted her. Now she has restarted her studies at her paternal house but on the way she had been threatened by Pranab Das and the petitioner to cause her injury if she stands in their way.
(3.) On the basis of the above complaint, Uttarpara PS case no. 69 dated March 14, 2011 was started against Pranab Das, Prasanta Das and Amrita Chakraborty, the petitioner herein under Section 498A of the Indian Penal Code and thereafter on completion of the investigation charge sheet was submitted against them under Section 498A I.P.C.;