Calcutta High Court (Appellete Side)
CRR/3195/2018 on 24 January, 2019
Author: Shivakant Prasad
Bench: Shivakant Prasad
1
.1.2019
p.b.
. No. 33
CRR 3195 of 2018
In Re: Rakesh Singh @ Rakesh Kumar Singh & Ors.
Mr. Milan Mukherjee,
Mr. Debajyoti Deb.
.......for the petitioner.
This is an application whereby and whereunder the petitioner has sought
for quashing of charge sheet no.75 dated 5th February, 2011 and all further
proceedings in connection with BGR Case No.67 of 2011 corresponding to and
arising out of Jadavpur P.S. Case No.10 dated 5th January, 2011 under Sections
498A/ 323/406/506/34/120B of the Indian Penal Code now pending before the
court of learned Judicial Magistrate, 4th Court at Alipore, South 24 Parganas.
Mr. Milan Mukherjee, learned senior counsel for the petitioner invites my
attention at the outset to page 39 of the petition which is in respect of criminal
proceeding by the prosecution, domestic violence under Article 319 ff Swiss Code
of Criminal Procedure, Article 55 a Swiss Penal Code by Canton Zurich Public
Prosecutor's Offices Zurich - Sihi in reference G-2/2010 /5884 Zurich, dated
12th January, 2012 to show that the opposite party/wife had lodged a
prosecution which proceeding has been dismissed and the accused person
2
namely the present petitioner was paid with a compensation for personal
suffering of CHF 500.00 but no reparations. It is pertinent to take note that the
petitioner was arrested and kept under custody from 18th October, 2010, 1 p.m.
until 22nd October, 2010, 2 p.m. It is pointed out that the said court had
dismissed the criminal proceeding against the petitioner holding to be false
allegations and for that he was paid with a compensation for personal suffering.
It is also pointed out that the opposite party no.2 the wife had withdrawn the
application under DV Act registered as Case No.C-9554/10. An application filed
under Section 125 of the Code of Criminal Procedure in Misc. Case No.M-515/10
was also withdrawn by the opposite party/wife namely Yashika Singh vide order
dated 6th July, 2017.
Mr. Mukherjee has drawn my attention to the observation in the judgment
dated 31st January, 2018 passed by the Additional District Judge, 13th Court,
Alipore, South 24 Parganas which reflects that the issues whether the
respondent wife had subjected the petitioner to cruelty both physical and mental
while they were living in Switzerland and whether the respondent filed false criminal cases against the petitioner and his parents, brother and sister in India. All these four issues were taken up for discussions and the learned Judge arrived at a finding that the act of the opposite party amounted to cruelty to the present petitioner and his family members and all those four issues were decided in the affirmative.
It would appear from the affidavit in reply that the proceeding is pending since long but the opposite party is not attending the court rather the learned 3 Magistrate has sought for a report from Switzerland counsul. It appears therefrom that despite several attempts, no report was even received from their end.
I have seen from the dismissal order passed by from Zurich Court for false arrest for which the present petitioner was compensated by the treasury of the concerned country. In this view of the matter there is sufficient ground for stay of the subject proceeding. Accordingly, let there be an interim order of stay of proceeding in connection with BGR Case No.67 of 2011 corresponding to and arising out of Jadavpur P.S. Case No.10 dated 5th January, 2011 under Sections 498A/ 323/406/506/34/120B of the Indian Penal Code now pending before the court of learned Judicial Magistrate, 4th Court at Alipore, South 24 Parganas for a period of six weeks from the date hereof with liberty to pray for modification, extension, cancellation of the order impugned.
A copy of this application together with annexures be sent to the opposite party by registered post with a/d and file affidavit of service on the next date of hearing.
List the matter under the heading "Adjourned Motion" accordingly.
(Shivakant Prasad, J.)