Crt.40 CRR No. 1876 of 2013
In the matter of : SectionArup Kumar Pal -vs- Smt. Archana Pal Anr.
– And –
Mr. Kamal Kanta Kar
….. For the Petitioner.
Ms. Sayanti Santra
…for the State.
The petitioner being the husband of the victim lady
came forward for quashing of the First Information Report in
connection with Chinsurah Police Station Case No. 83 of 2013
dated 02.04.2013 under Section 498A of the Code of Criminal
Learned counsel appearing for the State has produced
the case diary.
Heard the submissions made by learned counsel
appearing for the petitioner and the learned counsel for the
Learned Counsel for the petitioner submits that the
petitioner is the husband of the victim lady and the victim lady
voluntarily left her matrimonial home in the year 2004 and
thereafter in the year 2013 she lodged an FIR against her
husband making allegation of ill treatment and cruelty.
In this connection, learned counsel appearing for the
State submits that the cruelty may be mental or physical and
mental cruelty is the continuing offence.
From the materials placed on record, it appears that
the investigation ended in submission of chargesheet against the
petitioner for commission of the alleged offence punishable
under Section 498A of the Indian Penal Code. The allegation
contained in the written complaint and the materials collected
during investigation prima facie show the existence of alleged
In view of above, I do not find any reason to quash the
criminal proceedings pending against the petitioner at this
stage. However, the petitioner is given liberty to raise all the
points as raised in this revisional application before the learned
Magistrate at appropriate stage.
Thus the revisional application being CRR 1876 of
2013 is disposed of.
Case Diary be handed over to the learned counsel
appearing for the State.
Urgent photostat certified copy of this order, if applied
for, be given to the learned counsel for the parties as
expeditiously as possible upon compliance of usual formalities.
( Madhumati Mitra, J. )