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Calcutta HC: DV Quash After 498A Acquittal, HC slams Wife for filing false case

Calcutta High Court (Appellete Side)
Dr. Asim Kumar Bera @ Ashim Kumar … vs The State Of West Bengal & Anr on 15 June, 2017

ARDR 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 12of 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 suchtype 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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