Asha Arora, J. - (1.) The proceeding arising out of Barrackpore P.S. Case No. 9 of 2016 dated 24.01.2016 under Section 498A/406/323/307 of the Indian Penal Code being G.R. Case No. 423 of 2016 pending before the learned Additional Chief Judicial Magistrate, Barrackpore, North 24-Parganas has been assailed by the petitioner.
(2.) The facts in brief leading to the present application under Section 482 of the Code of Criminal Procedure are as follows :
(3.) On 24.01.2016 the opposite party no. 2 herein/defacto complainant lodged the FIR at Barrackpore P.S. against her husband Shyamal Ghosh, mother-in-law Namita Ghosh, sister-in-law Susmita Roy and husband's elder brother Monoj Ghosh alleging offences under Sections 498A/406/323/307 I.P.C. In the FIR the defacto complainant/opposite party No. 2 herein stated that on 10.08.2009 she was married to Shyamal Ghosh according to Hindu rites and customs and at the time of marriage her mother gave gold ornaments, bed, almirah and other household articles. After marriage she went to her matrimonial home at 113, Central Road, Kolkata where she started leading marital life. Since after her marriage she was subjected to physical and mental torture by her husband, mother-in-law, sister-in-law and elder brother of husband. On 24.01.2016 at about 4 P.M. when the complainant was in her father's house at Shibtala, her husband suddenly entered the room and tried to kill her by strangulating her with "orna" whereupon she cried for help and was rescued by some neighbours. She was medically treated at Barrackpore Cantonment Hospital. On the basis of the aforesaid FIR, Barrackpore P.S. Case No. 09 of 2016 dated 24.01.2016 was registered. Investigation culminated in the submission of the charge-sheet under sections 498A/307/323/406 I.P.C. against the above named four accused persons namely, the husband, mother-in-law, sister-in-law and the husband's elder brother. The petitioner herein is the sister-in-law of the defacto complainant/opposite party no. 2.;