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Criminal Procedure vs In Re : Gita Devi @ Gita Devi Singh & … on 29 March, 2017

1

29.03.2017
tkm/ct 28
sl no. 75
C.R.R. No. 3826 of 2016

In Re : An application under Section 482 of the Code of
Criminal Procedure.
And
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

inherently improbable.

2

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.)

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