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Judgments of Supreme Court of India and High Courts

Shayontoni Sarkar vs Tanushree Basu on 19 January, 2018

1

S/L.83
19.01.18. C.R.R. No. 1540 of 2016
rc.

In the matter of: Shayontoni Sarkar
…Petitioner.
-Versus
Tanushree Basu

Mr. Sandipan Ganguly
Mr. Somopriyo Chowdhury …for the petitioner

Mr. Subhendu Halder
Mr. Tathagata Majumder .. for the O.P

This is an application under section 482 of the Code of Criminal Procedure

for quashing the proceeding pending in connection with C R Case No. 64 of 2016

now pending before the learned Judicial Magistrate, 1st Class, Berhampore at

Murshidabad under sections 498A/406/34 of the Indian Penal Code on the

ground that the petitioner is a resident of United Kingdom and she has been

erroneously and falsely implicated by the Opposite Party in connection with this

case.

Learned advocate for the petitioner contends that the petitioner has been

residing in United Kingdom since 2005 and in the meantime she has become a

British Citizen. It is further submitted that the petitioner has been falsely implicated

in connection with this case.

Learned advocate for the opposite party on the other hand contends that

the accused no. 1 took the opposite party to United States of America in

connection with a job and thereafter returned to India. It is further contended that

the petitioner used to come to India and at the instigation of the petitioner the

accused no. 1 committed torture upon the opposite party.
2

Having considered the submission of both the parties and after going

through the documents available in the record I find that the petitioner has been

residing in United Kingdom since 2005 and in fact the opposite party never had

been to the residence of the petitioner at United Kingdom.

In the above premises set forth above I am of the considered view that the

continuance of the proceedings amounts to abuse of process and in the interest of

justice the proceeding in respect of the present petitioner ought to be quashed.

Accordingly, C R Case No. 64 of 2016 now pending before the learned

Judicial Magistrate, 1st Class, Berhampore at Murshidabad under sections

498A/406/34 of the Indian Penal Code is quashed in respect of the present

petitioner only.

CRR No. 1540 of 2016 is disposed of accordingly.

Urgent xerox certified copies of this order, if applied for, be made available

to the parties upon compliance of the requisite formalities.

(Debi Prosad Dey, J.)

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