Calcutta High Court (Appellete Side)
Daya Kishan Jangra & Ors vs Unknown on 24 March, 2021
Author: Jay Sengupta
Bench: Jay Sengupta
154 24.03.2020 C.R.R. 863 of 2021 SB In the matter of: Daya Kishan Jangra & Ors. Ms. Sangita Jangra.
. ..for the petitioners.
This is an application praying for quashing of the proceeding in which a charge-sheet was submitted under Sections 323, 341, 406, 420, 506 read with Section 34 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioners submits as follows. There was a matrimonial dispute between the daughter of the petitioner no. 1 and the defacto complainant in this case and a prosecution, inter alia, under Section 498A of the Indian Penal Code was instituted in this regard. The present case was started in retaliation against the aforesaid case. The petitioner was granted anticipatory bail by this Court in 2017. Subsequently, a partial compromise was arrived at between the adverse parties. Accordingly, the marriage between the couple in question was dissolved by a decree of mutual divorce and the case started under Section 498A of the Penal Code was also withdrawn. In the interest of justice, the present proceeding ought to be quashed.
Let the petitioner serve a copy of this application upon the State through the learned Public Prosecutor and to the opposite party no. 2 by Speed Post with Acknowledgment Due 2 within a week and file affidavit of service to that effect on the next date of hearing.
Let this matter appear as a "Contested Application" two weeks hence as well as the impugned proceeding shall remain stay for a period of five weeks from this date. The parties shall be at liberty to pray for extension or modification or vacating of the interim order upon notice to the other side.
The State is directed to produce the case diary on the next date of hearing.
Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J.) 3