CRR 3408 of 2014
Dr. Asim Kumar Bera @ Ashim Kumar Bera ors.
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
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
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
(Siddhartha Chattopadhyay, J.)