Criminal Procedure vs In Re : Subham Roy Choudhury & Ors on 21 August, 2017

1

21.08.2017

tkm/ct 28
sl no. 188

C.R.R. No. 2712 of 2017

In Re : An application under Section 482 of the Code of
Criminal Procedure.

And
In Re : Subham Roy Choudhury Ors. …..petitioners

Mr. Ajay Roy Choudhry (in person)
…… for the petitioners

Petitioners have prayed for quashing of proceeding in

ACGR case no. 4107 of 2016 arising out of Haridevpur P.S

Case no. 424 of 2016 dated 12.7.2016 under sections

498A/406/34 IPC and 3 and 4 of DP Act.

It has been alleged by the petitioners that the opposite

party no. 2 stayed in the matrimonial home only for a couple of

days and after her chronic ailments were discovered, she

withdrew herself from the matrimonial home and since then

has been residing at her parental home. Suit for nullity of

marriage has been filed on such score by the petitioner no. 1.

I have examined the allegations in the FIR/charge sheet

in the light of the aforesaid submissions. It appears that at the

time of marriage on 22.2.2016 large quantities of articles

including gold ornaments have been entrusted to the accused

persons and during stay of the opposite party no. 2 at her
2

matrimonial home, she was not even allowed to touch the said

articles. However, she felt ill on 2.3.2016 and thereafter was

hospitalized and subsequently had taken refuge at her

paternal home.

It has been strenuously argued that the opposite party

no. 2-wife had taken back her the Streedhan articles after she

had fallen ill.

The issues raised by the petitioners are factual in nature

and are required to be agitated before the learned Magistrate in

the first place.

Under such circumstances, I dispose of the revision

petition giving liberty to the petitioners to agitate the issues

canvassed herein at the appropriate stage of proceeding

including the stage of consideration of charge in accordance

with law, if so advised.

With the aforesaid observation, this petition is disposed

of.

Photostat certified copy of this order, if applied for, shall

be given to the parties as expeditiously as possible on

compliance of all necessary formalities.

(Joymalya Bagchi, J.)

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