Dr. Asim Kumar Bera @ Ashim Kumar … vs The State Of West Bengal & Anr on 15 June, 2017

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15/06/2017

ARDR
CRR 3408 of 2014

Dr. Asim Kumar Bera @ Ashim Kumar Bera ors.

Vs.

The State of West Bengal anr.

Mr. Angshuman Chakraborty,
…for the petitioners.

Ms. Ujjaini Chatterjee,
…for the O.P. no.2.

This is utterly an unmeritorious case filed by the present opposite

party no.2 under Section 12 of the Domestic Violence Act against the

present petitioners. The present opposite party no.2 initially has filed an

application under Section 498A of the Indian Penal Code against the

husband, father-in-law, who was aged about eighty years (since

deceased), mother-in-law, brother-in-law etc. All the accused persons of

the proceeding under Section 498A of the Indian Penal Code have been

acquitted by a competent Court of Law and no appeal has been

preferred either by the State or at the behest of the present opposite

party no.2. The present opposite party no. 2 has also carried an

application under Section 12 of the Domestic Violence Act and that was

also dismissed for non- prosecution. Admittedly, no liberty has been

given by the learned trial Court to file such application afresh. Even

thereafter, the present opposite party no.2 has filed another application

under Section 12 of the Domestic Violence Act over the self-same cause.

The conduct of the present opposite party no.2 goes to show, that such
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type of litigants are the causes of accumulation of cases in the District

Courts. This is absolutely a fit case for quashing of the proceeding

pending against the present accused persons before the learned trial

Court.

Accordingly, the proceeding being case no. C-278/2013, pending

before the learned Judicial Magistrate, 1st Class, Haldia, Purba

Medinipur is hereby quashed.

The CRR stands allowed.

Urgent photocopy of this order, if applied for, be given to the

parties.

(Siddhartha Chattopadhyay, J.)

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