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45 04.09.2019
CRR 2387 of 2019
an Court No. 40
(SectionAbhishek Ghosh Ors. vs. State)
Mr. Sabyasachi Chatterjee
Md. Apzal Ansari
Ms. Shreshtha Gupta
Ms. Rajlina Singh
…………. for the Petitioner
The petitioners have approached this court by filing an application
under Section 482 of the Code of Criminal Procedure praying for quashing of the
criminal proceedings being G.R. 61/2019 in connection with Uttarpara Police
Station case No. 15/19 dated 09.01.2019 under Section 498A/Section406/Section323 of the
Indian Penal Code pending before the learned Additional Chief Judicial Magistrate,
Serampore, Hooghly.
It appears that the defacto complainant has not been made a party to
the instant application. Learned counsel for the petitioner is given liberty to amend
the cause title of this revisional application and to make the defacto complainant a
opposite party.
The learned counsel appearing on behalf of the petitioner submits that
the defacto complainant lodged the F.I.R. suppressing the actual facts that the
matrimonial dispute between the parties has been settled previously and on the
basis of that settlement, the parties prayed before the learned court for a decree of
divorce on mutual consent under the provisions of SectionSpecial Marriage Act. According
to the petitioner, the present criminal proceedings are an after thought.
The petitioners are directed to serve copy of the present application
alongwith all annexed documents upon the State through the Office of the learned
Public Prosecutor, High Court at Calcutta and the opposite party No. 2 through
Speed Post with acknowledgment due and to file affidavit of service on the next date
of hearing.
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Let the matter appear after two weeks under the same heading after
service of notice upon the opposite parties.
(Madhumati Mitra, J.)