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23.04.2019

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

Penal Code.

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

hence.

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
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the parties expeditiously, if applied for.

(Jay Sengupta, J.)