sl no. 188
C.R.R. No. 2712 of 2017
In Re : An application under Section 482 of the Code of
In Re : Subham Roy Choudhury Ors. …..petitioners
Mr. Ajay Roy Choudhry (in person)
…… for the petitioners
Petitioners have prayed for quashing of proceeding in
ACGR case no. 4107 of 2016 arising out of Haridevpur P.S
Case no. 424 of 2016 dated 12.7.2016 under sections
498A/406/34 IPC and 3 and 4 of DP Act.
It has been alleged by the petitioners that the opposite
party no. 2 stayed in the matrimonial home only for a couple of
days and after her chronic ailments were discovered, she
withdrew herself from the matrimonial home and since then
has been residing at her parental home. Suit for nullity of
marriage has been filed on such score by the petitioner no. 1.
I have examined the allegations in the FIR/charge sheet
in the light of the aforesaid submissions. It appears that at the
time of marriage on 22.2.2016 large quantities of articles
including gold ornaments have been entrusted to the accused
persons and during stay of the opposite party no. 2 at her
matrimonial home, she was not even allowed to touch the said
articles. However, she felt ill on 2.3.2016 and thereafter was
hospitalized and subsequently had taken refuge at her
It has been strenuously argued that the opposite party
no. 2-wife had taken back her the Streedhan articles after she
had fallen ill.
The issues raised by the petitioners are factual in nature
and are required to be agitated before the learned Magistrate in
the first place.
Under such circumstances, I dispose of the revision
petition giving liberty to the petitioners to agitate the issues
canvassed herein at the appropriate stage of proceeding
including the stage of consideration of charge in accordance
with law, if so advised.
With the aforesaid observation, this petition is disposed
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.)