District : North 24 Parganas.
In
the Court of the Learned Additional Chief Judicial Magistrate, at Barrackpore, North
24 Parganas.
Complaint
Case no. ________of 2018.
In the
matter of :
An application
under Section 156 (3) of Criminal Procedure Code’ 1973;
A N D
P.S. : Belgharia.
In the matter of :
.
Ghazala
Parveen, Wife of Nasir Hussain,
Daughter of Niamat Ali, of
premises being no. 27/1, Dhobia Bagan, P.O.- Kamar hati, P.S.- Belgharia,
Kolkata-700056,
_____Complainant.
-
Versus
–
1. Nasir Hussain, Son of Shri Ahmed Hussain, residing at 230/604, New
Bastee Sadar Bazar, P.O. & P.S.- Barrackpore, Dist. - North 24 Parganas.
2. Ahmed Hussain, son of not known
, residing at 230/604, New Bastee Sadar Bazar, P.O. & P.S.- Barrackpore,
Dist. - North 24 Parganas.
3. Sayeda, wife of Shri Ahmed Hussain, residing at 230/604, New
Bastee Sadar Bazar, P.O. & P.S.- Barrackpore, Dist. - North 24 Parganas.
4. Anwar Hussain, son of Shri Ahmed Hussain, residing at 230/604, New
Bastee Sadar Bazar, P.O. & P.S.- Barrackpore, Dist. - North 24 Parganas.
5. Shabnam, wife of not known,
daughter of Shri Ahmed Hussain, residing at 230/604, New Bastee Sadar Bazar,
P.O. & P.S.- Barrackpore, Dist. - North 24 Parganas.
6. Razia Bibi, residing at Madhya
Para, Ruhia Masjid, P.S.- Titagarh, North 24 Parganas.
7. Amjad Ali, son of not known,
residing at Ardali Bazar, near R.N. Tagore Primary School, Cantonment Board,
P.S.- Barrackpore, North 24 Parganas.
………..Accused.
Offences
Committed to be punishable under Section 498A, 509, 506, 406, 354, 323, and 34 I.P.C.
of the Indian Penal Code’ 1860.
The humble petition
of the above named Complainant Ghazala Parveen, most respectfully;
Sheweth as under :
1. That your Petitioner is a peace
loving and law abiding citizen of India, residing at the above mentioned
address, as give in the cause title of this instant application made under
section 156 (3) of the Criminal Procedure Code’ 1973, and presently compelled
to residing at premises being no. 3/7/C, M.M. Dutta Road, P.O.-
Budge Buddge, Police Station – Budge Budge, Kolkata – 700 137, District South 24 Parganas.
2. That your petitioner, is the legally married
wife of the accused no.1, and presently compelled to reside at rented house, as
premises being no. 3/7/C, M.M. Dutta Road,
P.O.- Budge Buddge, Police Station
– Budge Budge, Kolkata – 700 137,
District South 24 Parganas.
3. That the accused no.1, is
husband of your complainant, having profession of tailoring of garments under
name and style M/s. R.K.Tailors, the accused no.2, is father – in – law, the
accused no.3, is mother – in – law, the accused no. 4, is brother - in - law,
the accused no. 5, is sister – in – law, all are residing together in a same
premises, and having same mess to all, and the accused no. 6, is
aunty in law and accused no. 7, is maternal uncle of accused no. 1 /
husband. Accused no 6 and 7 reside as stated in the cause title of this
application.
4. That the marriage in between
the complainant, and the accused no.1, was solemnized on 18th day of
December’ 2016, at 27/1, Dhobia Bagan, P.O.- Kamar hati, P.S.- Belgharia,
Kolkata-700056, according to Muslim rites and customs, in presence of both the
family members, and since after her marriage your complainant started living as
the newly wedded wife with other family members within a shared household
mentioned in the cause title of the residential address of accused no.1-5.
5. That immediate after the
marriage the complainant subjected to Violence mentally by the accused no.1,
and the other in laws on the ground of flimsy plea as the family members of the
complainant unable to provide more costly
gifts and articles to the accused no. 1 and in-laws, at the time of marriage
for which the accused persons and other family members regularly abused her
with filthy languages on the demand of more valuable gifts, articles and cash
money.
6. That after the marriage of your
complainant, her family members arranged in much hardship and given several
gold ornaments, furniture, motor cycle, refrigerator, colour TV, washing
machine, utensils of brass and others, and Rs. 1,00,000/- ( Rupees One Lakh )
only in Cash, as per the forceful demand of the accused no.1, and other in-laws
of the complainant.
7. That the marriage between the complainant
and the accused no.1, was negotiable marriage by both the families and the
introduction made through matchmaker. The said marriage was socially intimated
and organized, and performed in accordance with the Muslim rites and customs.
The said marriage also registered in accordance with the prescribed Law, in the
state of West Bengal, before the Muslim
Registrar of Belghoria, North 24 Parganas, Kolkata-700056, Govt. of West
Bengal.
8. At the time of marriage, walima
and thereafter so many costly gifts and
articles have been given by family
members, relatives, friends and well wishers of the aggrieved person. The followings are the costly gifts and
articles given at the marriage ceremony and other occasions.
a)
Hero
Motor Byke (Xtream Sports)
b)
Washing
Machin
c)
Colour
T.V. (L.G)
d)
Refrigerator
e)
Home
Steaching Machine(Two Pcs.)
f)
Dressing
table (Wooden).
g)
Box
Khat with gadda, balis & gadda cover
h)
Steel
Almirah
i)
Steel
Iron Showcase
j)
Ceiling
Fan 2 Pcs.
k)
Utensils
set(Brass)- 2Pcs. Thala, 4 Pcs. glass, 2Pcs. Handi, 4Pcs. Boul, 1 Pcs. Mug.
l)
Utensils
set(Steel)- Full set
m) Utensils set(Aluminum)- Full Set.
n)
Dinner
set- Bone Chaina (Law Pala)
o)
Mixer
Grinder- 1 Pc.
p)
Juicer-
1 Pc.
q)
Hotpot
(Outside Fiber, inside steel)
r)
Wall
clock- 2 Pcs.
s)
Floor
Rug ( Kalin velvet) - 2Pcs.
t)
Bed
Sheet- 1 Pcs.
u)
Photo
Frame- 6 Pcs.
v)
Dress
Materials
w) Wrist Watch- 1 Pc.
x)
Bride
groom Dress Materials.
y)
VIP
Brief Case- 2 Pcs.
z)
Big
Size Steel box (Trunk)
aa) Gold Chur- 2Pcs.(Ladies)
bb)
Gold Ear Ring- 2 Pcs.(Ladies)
cc) Silver Chain- 1 Pc.
dd)
Silver Payel- 2 Pcs.
ee) Silver Mehendi Chala- 1 Pair.
ff)
Gold
Nose Pin- 2 Pcs.
gg) Toshok - 1 pc.
hh)
Gold Chain- 2 Pcs.(Gents)
ii)
Gold
Finger Ring- 2 Pcs.(Gents)
jj)
Silver
Finger Ring-1 Pc.(Gents).
9.
That on 21-12-2016 being the
walima ceremony has held by the
family members of husband, accused
no.1 herein and whereas the family members of the complainant / wife also
attended on that occasion. In the said occasion, the accused no. 1/ husband and in laws, insulted family
members of the complainant as to desire of more costly gifts and money and consequently with the intervention of relatives the things became minimize.
10.
That according to Muslim rituals, the
entire ceremony has been conducted and soon after marriage the given costly
gifts and ornaments as per demand of accused
no. 1 and his other family members by the family members, and well wishers of
the complainant / wife at the marriage ceremony as well as the walima ceremony
conducted in the parental house and matrimonial house consequently, have been
taken by the accused
no. 1/ husband and in laws from the complainant soon after the ceremony.
11.
That the complainant beg to states
that thereafter the next day of walima ceremony i. e. 22.12.2016, the accused
no. 1 demanding for a bike from the complainant and started mental torture for
the same, in the compelling circumstances, the complainant contacted with her
family members and described the facts and whereas her family members for sake her
peace arranged money for purchasing the bike namely Hero motor bike, model no.
xtream sports, chassis no. MBLKC12EMGGL00434, engine no. KC12EFGGL00634 has
been given to respondent no. 1 on 26-12-2016 which has been purchased from
"RAJA HERO", 16F, B.T. Road, Sukchar Girja, Sodepur, north 24
Parganas though said bike has been
registered in the motor vehicle department in the name of the complainant.
Presently all necessary papers and the said bike are in the custody of accused
no. 1.
12.
That the complainant beg to states
that therefore after getting the bike, the respondent no. 1 again started
demanding money for his tailoring business under the name and style M/s. R.K.
Tailors, having address Kazi Para Road, naya Bastee, P.S.- Barrackpore,
Kolkata-700120 and for that the complainant was being physically and mentally
tortured by the accused
no. 1 and in laws, therefore in helpless condition and being depressed at the
behest of the accused
no. 1 and other in laws, the complainant again approached to her family members
stating all relevant facts and then and there her family members arranged money
collecting from several heads of her family
as of Rs.1,00,000/_ (Rupees one Lakh) only and the said amount has been
provided to the accused
no. 1 on 27.12.2016 by the family members of the complainant for the expansion of
business of the accused
no. 1 under the name and style M/s. R.K. Tailors, having address Kazi Para
Road, naya Bastee, P.S.- Barrackpore, Kolkata-700120.
13.
That the complainant beg to states
that thereafter the accused
no. 1 started a new story that skin complexion of the aggrieved petitioner is
dull and the accused
no.
1 dissatisfied for that therefore he did not want to sleep with the complainant,
hearing that version the complainant became more depressed and asked to her husband,
the accused no.
1 herein - " you married me after seeing me before the marriage ceremony
with your other family members again and again and after being satisfied you
and your family members decided to make the relationship meant marriage between
you and me, therefore it is irrelevant
". It was midnight, probably 1.00 a.m. on 28-12-2016, the accused
no. 1 / husband started fist and blow with abusive languages and asked another Rs.2,00,000/- (Rupees Two
Lakh) only and when the complainant
tried to convince him that her family members have no capacity to give another
cash money to the accused
no. 1 that time, then the accused
no. 1 started vigorous physical and mental torture upon the complainant and
forcibly driven her out from the bed room and directed her to sleep with
parents of the accused
no. 1. The complainant requested accused
no. 1 more and more to allow her into their bed room but the accused no.
1 did not heed. When the complainant was crying then her brother in law (Deor),
Anwar Hussain, Sister in law (Nanad) –Shabnam, awake and feeling disturbance,
started beating the complainant and accompanied by her mother in law and father
in law. Anwar Hussain, accused no. 4 stroke on the private part of the
complainant in presence of accused no. 1, 2, 3 and 5, while the complainant
raised strongly protest but the accused no. 1 did not protect his wife in that
compelling circumstances.
14.
That the complainant beg to states
that on the next day as on 29.12.2016 the accused no. 1 asked the family
members of the complainant to come to matrimonial house of the complainant and
to take her with them. Therefore her sister in law (boudi), Mumtaz Banu and
sister Sahjahan came accordingly and tried to convince the accused
no. 1 / husband and his father, mother and brother and therefore stated that
"we could not take Ghazala with us, we arranged marriage for her to
continue her conjugal life, not to stay with us", and requested the accused no.
1 and in laws to adjust the matter.
15.
That the complainant
beg to states that in the morning on the
next day, as on 30.12.2016, the accused
no. 1 / husband again tortured physically and mentally and driven the complainant
out from her matrimonial house, therefore getting no other way your complainant asked her sister in laws (Boudi) and
consequently she came to her matrimonial house and to see marks of brutality
and torture in her body, they became puzzled and therefore her sister in laws
tried to dialog with her husband but her
husband accused
no. 1 herein insulted her sister in laws with abusive languages and threatened
her sister in laws by saying that if they did not take the complainant
away from her matrimonial house then the accused
no. 1 would kill the complainant. In the compelling circumstances sister in
laws of the complainant
brought her to her parental house.
16.
Thereafter lastly on 13-12-2017 at
about 10 a.m., brother in law (Jamai Babu) of the complainant, Md. Selim mate accused no. 1 / husband and told that
if he did not return back my stridhan
article within seven days then he lodged complaint to the police station
against accused no. 1, hearing the decision of Md. Selim, brother in law, the
accused no. 1 became astonished and threatened Md. Selim, brother in law (Jamai
babu) of the complainant stating- "Tor kon baba achhe, nie asis, kono
jinis ferot debo na, police amar kichchu korte parbe na, police ke janale tor
bari vangchur kore debo, ami Barrackpore Court er pase thaki". The
complainant and her family members took it casually, but on the same day at
about 4 p.m., the accused no. 1, Nasir Hussain, accused no. 5 (Sister in law -
Shabnam), accused no. 6 (maternal aunt, Razia Bibi), accused no. 7 (maternal
uncle Amjad Ali) and accused no. 4 (brother in law, Anwar Hussain) with some
unknown persons came to parental house of the complainant at premises being no. 27/1, Dhobia
Bagan, P.O.- Kamar hati, P.S.- Belgharia, Kolkata-700056
and to see them, the complainant with her
family members welcome them and requested them to be seated in the room but the
accused no. 1, husband refused the same and threatened Md. Selim ( brother in
law of the complainant) that if he, the
complainant and her other family members further claim for stridhan article or
to lodge complaint to the police, then they will ruined the family of the
complainant and would kill the complainant by gang raping. Therefore strong
intervention of the vicinity people, they returned back with threat-
"Katha ta mone rakhis, tor shali ke tule nie jabo".
17.
That
thus the accused persons, jointly and severally, committed offence under Section
498A, 509, 506, 406, , 354, 323, and 34 I.P.C. of the Indian Penal Code’ 1860.
18.
That
your Complainant lodged this fact with the local Police Station, vide Written
Complaint through speed post which has been received by the Belgharia Police
Station on 21-12-2017, though the Police
did not take any steps as to register such complaint as an F.I.R. and to
investigate into the matter of complaint and the copy of complaint has been
served to the Commissioner of Police, Barrackpore Police Commissioneret, West
Bengal Mohila Commission, West Bengal Human Rights Commission and according to
track report, all the copies received by the concern authority subsequently.
19.
That
the complainant visited the Police Station on several occasions with a request
for investigation into the matter of complaint lodged by the complainant though
the Police on several pretext assured to cause investigation but did not take
any steps against the accused persons, as such the accused persons are
politically sheltered by the men of money power.
20.
That
your petitioner is a victim of the offences committed by the accused persons
and also by the Police for inaction.
21.
That
on the expiry of considerable period, your petitioner realized that the Police
will not cause any investigation against the accused persons, as such they are
politically sheltered, your petitioner came before the Learned Court to get
justice as to fair investigation in accordance with the Criminal Procedure
Code’ 1973.
22.
That
your Petitioner crave leaves to produce relevant documents and / or papers at
the time of investigation.
23.
That
this instant application made bona-fide, by your Petitioner to get appropriate
justice in accordance with the Law of land.
In the
circumstances mentioned herein above, it is prayed before your Honour, would be
graciously pleased to allow this application under section 156 (3) of the
Criminal Procedure Code’ 1973, and to direct the Officer-in-Charge of the BELGHARIA
POLICE STATION to treat this instant application as F.I.R. and cause
investigation in the matter of this instant application, and / or pass such
other necessary order or orders as your Honour may deem, fit, and proper, for
the end of justice.
And for this act of kindness,
your Petitioner as in duty bound shall ever pray.
Verification
I, Ghazala Parveen, being the
complainant herein named above, made this instant application under section 156
(3) of the Criminal Procedure Code’ 1973, and whereas the material facts and
circumstances as mentioned herein above in the forgoing paragraphs are true to
the knowledge and belief. I verified this instant application as on …….…the day
of January’ 2018, at the Barrackpore Criminal Court Premises.
Ghazala
Parveen
Read over,
explained in Bengali languages and Identified by me,
Advocate.
Prepared in my office,
Advocate.
Dated : …………………..2018.
Place : Barrackpore Criminal
Court.
Affidavit
I, Ghazala Parveen, wife of Nasir Hussain, daughter of Late Niamat Ali,
aged about 28 years, by faith Muslim, by Occupation House wife, of premises
being no. 27/1, Dhobia Bagan, P.O.- Kamar hati, P.S.- Belgharia, Kolkata-700056,
and presently residing at premises being no. 3/7/C, M.M. Dutta Road, P.O.-
Budge Buddge, Police Station – Budge Budge, Kolkata – 700 137, District South 24 Parganas, do hereby solemnly affirm and says
as follows :
1.
That
I am the complainant in the above referred application under Section 156 (3) of
Criminal Procedure Code’ 1973, and I am competent to swear this affidavit.
2.
That
I say that the Belgharia Police Station did not lodge any F.I.R. on this facts
as stated in my application under Section 156 (3 ) of Cr.P.C., and did not
cause any enquiry and or investigation into the matter of facts as stated in my
application under Section 156 (3 ) of
Cr.P.C.
3.
That
no case and or F.I.R. has ever been lodged and initiated on the facts and
allegations as made out by me in my application under Section 156 (3 ) of
Cr.P.C. by any Police Station, so far my knowledge is concern.
4.
That
this is the first time and or occasion, when I approach the Learned Court to
get justice, on the facts and allegations as made out by me in my application
under Section 156 (3) of the Code of Criminal Procedure’ 1973.
5.
That
the statements made in the aforesaid application under Section 156 (3) of the
Code of Criminal Procedure’ 1973, are true to my knowledge and belief.
That the above
statements are true to my knowledge and belief.
Deponent
Read over,
explained in Bengali languages and Identified by me,
Advocate.
Prepared in my
Chamber,
Advocate.
Dated : _______
_________________2018.
Place : Barrackpore
Criminal Court.
N O T A
R Y
