CRR 2389 of 2018
Ct. No. 29
In the matter of:- Arif Ali …petitioner
Mr. Ayan Bhattacharjee.
…for the petitioner.
This is an application praying for quashing of a proceeding in
which a charge sheet was submitted under Sections 406, and 498A read
with Section 34 of the Penal Code.
The learned Advocate appearing on behalf of the petitioner
submits as follows. The petitioner is the husband of the opposite party
no.2/de facto complainant. It appears from a plain reading of the First
Information Report that the main thrust of allegations was on the other-in-
laws and not on the husband. No prima facie case is made out against the
present petitioner as would be evident from a plain reading of the First
Information Report and the charge sheet. While the First Information Report
only stated about the alleged mental cruelty, the charge sheet surprisingly
brings in physical cruelty into the picture. Moreover, unlike as mentioned in
the charge sheet there is no allegation in the First Information Report that
the victim lady was driven out from the matrimonial home. The allegations
levelled by the wife could at best be termed as marital discord, but does not
fall within the ambit of cruelty within the meaning of Section 498A of the
Let the petitioner serve a copy of this application upon the State
through the learned Public Prosecutor and upon the opposite party no.2 by
speed post with acknowledgment due, within a week. An affidavit of
service to that effect shall be filed on the next date of hearing.
Let this matter appear as a ‘Contested Application’ two weeks
The parties shall be at liberty to pray for stay of the proceeding
after service of notice upon the other side.
Urgent photostat certified copy of this order may be supplied to
the parties expeditiously, if applied for.
(Jay Sengupta, J.)