Calcutta High Court (Appellete Side)
Subhadeep Halder & Ors vs Unknown on 23 March, 2022
Author: Jay Sengupta
Bench: Jay Sengupta
Sl. 44
23.3.2022
Court No.39
Sc
CRR 919 of 2022
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In the matter of: Subhadeep Halder & Ors.
... Petitioners Mr. Arka Pratim Chowdhury Mr. Sunny Nandy Mr. Tamal Singha Roy Mr. Subha Pathak.
... for the Petitioners This is an application praying for quashing of an investigational proceedings under Sections 406,498A,506,34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the husband and the in-laws of the opposite party no. 2. The marriage between the couple took place in 2012. Nearly after six months of such marriage, the informant left the matrimonial home along with her paramour. She filed a divorce suit which was dismissed in December, 2021. Being unable to make any headway there, she filed a complaint case against the present petitioners under Sections 498A,406,506,509,34 and 120B of the Indian Penal Code. She did not stop at that. After a few days she lodged the present FIR alleging the commission of similar offences. However, there is a distinct difference between the versions given in the petition of complaint and the FIR. For instance, there is no mention of an 2 attempt to outrage of modesty by the father-in-law in the present complaint unlike in the petition. From a plain reading of the FIR it would be evident that no prima facie case is made out as against the present petitioners. Any further continuation of the proceedings shall be an abuse of process of Court.
Let the petitioners serve a copy of the application upon the State through the learned Public Prosecutor as well as upon the opposite party no.2 by Speed Post with Acknowledgement Due, within a week and file affidavit-of-service to that effect on the next date.
List this matter under the heading 'Listed Motion' two weeks hence.
The State shall produce the case diary on the next date. The investigating agency shall not file a final report without the leave of this Court.
The petitioners shall be at liberty to pray for stay after service of notice upon the opposite parties.
Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
(Jay Sengupta, J.)