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Judgments of Supreme Court of India and High Courts

(Abhishek Ghosh & Ors vs State) on 4 September, 2019

1

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.

2

Let the matter appear after two weeks under the same heading after

service of notice upon the opposite parties.

(Madhumati Mitra, J.)

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