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Showing contexts for: 406 498a in Smt. Kamala Debnath & Anr vs The State Of West Bengal & Another on 24 October, 2025Matching Fragments
The accused persons abused her in filthy language, and when she raised an objection, they assaulted her and drove her out of her matrimonial house. Pursuant thereto, a Titagarh Police Station Case No. 413 of 2011 dated 08.08.2011 under Sections 498A/406 of the Indian Penal Code was started against the petitioners.
b. She has further lodged another written complaint by sending the same by speed post before the Inspector-in-charge, Barrackpore Police Station. The same was registered as a specific case being Barrackpore Police Station Case No.133 of 2013 dated 13.09.2013 under Sections 498A/506/34 of the India Penal Code and under Sections 3/4 of the Dowry Prohibition Act against the Petitioners.
c. She has also filed an application under section 156(3) of the Cr.P.C. before the Learned Additional Chief Judicial Magistrate, Barrackpore, North 24- Parganas, against the husband and in-laws on 16.09.2013. The Learned Magistrate, inter alia, directed the Inspector-in-charge, Barrackpore Police Station, to treat such application as the First Information Report. Accordingly, another criminal case was registered being Barrackpore Police Station Case No. 136 of 2013 dated 18.09.2013 under Sections 498A/406/34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act against the petitioners.
2025:CHC-AS:1970 f. Finally, the Learned Magistrate accepted the final report filed in connection with Titagarh Police Station Case No. 413/2011 dated 08.08.2011 under Sections 498A/406 of the Indian Penal Code and dropped the case in pursuance of no objection given by the complainant/opposite party no.2.
g. Even though there were no disputes and differences between the parties as admitted by the Opposite parties and the 1 st FIR having been dropped by the Learned Court, the investigation agency submitted a charge sheet being Charge sheet No. 140/2013 dated 30.10.2013 under Sections 498A/506/406/34 of Indian Penal Code, 1860 and under Sections 3/4 of the Dowry Prohibition Act in the Barrackpur P.S. case no. 133 dated 13.09.2013 against all the petitioners herein mechanically, though they are totally innocent. h. The Learned Magistrate, ignoring the factual aspect of the petitioners' case and also that the earlier case was dropped, took cognizance on 21.11.2013 mechanically on the subsequent charge sheet submitted by the investigating officer and transferred the same to the learned court of the Judicial Magistrate, 4th Court, Barrackpore, North 24 Parganas for its disposal, though the case is a sureshot that the subsequent complaint on the self-same matter ought not be allowed to continue.
DISCUSSION AND FINDINGS BY THIS COURT:
11. Considering the arguments and submissions made by the parties and upon perusal of the materials available in the case diary and documents annexed with the Revisional applications, this Court finds that it is an admitted fact that the 1 st FIR being Titagarh Police Station Case No. 413 of 2011 dated 08.08.2011 under Sections 498A/406 of the Indian Penal Code was started in connection with the incidents prior to 2011 and, subsequently, when the matter was settled between the parties the said case was ultimately closed by the Learned Magistrate on the basis of affidavit filed by the de-facto complainant. Now, the question that arises is, when she filed the affidavit disclosing that there were no disputes and differences 2025:CHC-AS:1970 amongst the parties and she has no grievances against the petitioners, can the 2nd FIR, being Barrackpore Police Station Case No.133 of 2013 dated 13.09.2013 under Sections 498A/506/34 of the India Penal Code and under Sections 3/4 of the Dowry Prohibition Act, on the self-same allegation be sustainable?