sl no. 75
C.R.R. No. 3826 of 2016
In Re : An application under Section 482 of the Code of
In Re : Gita Devi @ Gita Devi Singh Anr. …..petitioners
Mr. Ayan Bhattacharjee
…… for the petitioners
Mr. Kallol Mondal
Mr. Partha Sarathi Basu
…… for the respondent no. 2
Petitioners prayed for quashing of the proceedings being
G.R Case no. 813 of 2016 arising out of Bidhannagar South
P.S Case no. 174/16 dated 10.9.2016 under sections
498A/307/506/34 of the Indian Penal Code pending before the
court of the learned Additional Chief Judicial Magistrate
Bidhannagar, North 24 Parganas.
It has been pleaded in the petition that the allegations
are out and out false and it is submitted on behalf of the
petitioners that the parties initially filed an application for
divorce by mutual consent but later on the opposite party no. 2
withdrew herself from the said proceeding and instituted the
impugned criminal proceeding.
Relying on such fact Mr. Bhattacharjee submitted that
the allegations in the impugned FIR are patently absurd and
I have examined the allegations in the FIR in the light of
the aforesaid submission. There are allegations of ill-treatment
and torture upon the opposite party no. 2/wife on further
demands of dowry. Investigation is in progress. Truthfulness or
otherwise of such allegations including the alleged mala fides
of opposite party no. 2 in registering the FIR after abandoning
the application for divorce by mutual consent may be gone into
in the course of such investigation. However, in the face of
uncontroverted allegations disclosing the ingredients of the
alleged offences, I do not find any jurisdictional error in
registering the FIR and commencing investigation thereon.
Petition is, therefore, disposed of observing in the event
the investigation results in filing of police report against the
petitioners, it would be open to them to assail the same in
accordance with law, if so advised.
However, there shall be no order as to costs.
Photostat certified copy of this order, if applied for, shall
be given to the parties as expeditiously as possible on
compliance of all necessary formalities.
(Joymalya Bagchi, J.)