Sayan Kumar Dutta And Others v. State Of West Bengal And ANR

24.09.2024 Item No. 15 SG

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION C.R.R. No. 3278 of 2024 In the matter of : Sayan Kumar Dutta and Ors. .....petitioners Mr. Soumik Ganguli ....... for the petitioners

1. It is submitted on behalf of the petitioners they are the husband and in-laws of opposite party no.2-housewife. It is further submitted the allegations in the impugned FIR/charge sheet do not disclose ingredients of the alleged offences. FIR was registered in retaliation of a matrimonial suit which was filed praying for a decree of nullity against the opposite party no.2-housewife.

2. I have considered the allegations in the FIR. It is alleged marriage was solemnized on 08.12.2022 between the opposite party no. 2 and the petitioner no.1. Petitioners were unhappy with the dowry gifted and subjected the opposite party no.2 to mental and physical torture. She was not given adequate food and was made to do menial work. On 26.05.2023 she was subjected to torture by the husband and other in-laws and driven out from the

matrimonial home. When she tried to re-enter she was assaulted by them.

3. I am of the opinion uncontroverted allegations prima facie disclose ingredients of the alleged offences. With regard to the submissions that the allegations are false and the criminal case was instituted in retaliation to a matrimonial suit, I hold such issues require to be adjudicated at the appropriate stage of the proceeding in accordance with law.

4. With these observations, CRR 3278 of 2024 is disposed of. (Joymalya Bagchi, J.)