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Judgments of Supreme Court of India and High Courts

CRR/3052/2018 on 22 July, 2019

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22.07.2019

145md.

C.R.R. 3052 of 2018

In Re: Biswajit Kar and others
… Petitioners

Mr. Masum Ali Sardar

.. for the Opposite Party No.2

The present case has been filed for quashing of the proceeding

being G.R. 524 of 2018 under Section 498A of the Penal Code pending

before the Learned Judicial Magistrate, 3rd Court, Hooghly at

Chinsurah.

The petitioners are not represented.

The opposite party no.2 is represented.

The case is taken up for disposal on merits.

The opposite party no.2 takes the Court through the F.I.R. of

the case wherein specific allegations have been made against the first

petitioner who is the husband of the opposite party. A case under the

Protection of Women from SectionDomestic Violence Act, 2005 filed by the

opposite party against the petitioners is also pending.

Charge-sheet has been submitted against the first petitioner

making out a prima facie case against him.

It appears from the charge-sheet as well as the other material

on record that a prima facie case under Section 498A of the Penal

Code has been made out against the first petitioner. There is specific

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allegation against the first petitioner in the FIR and the matter relates

to disputed questions of facts which ought to be determined by way of

recording evidence.

However, the second and third petitioners who are the parents

of the first petitioner have not been charge-sheeted and the proceeding

is required to be quashed against the second and third petitioners.

This Court is not inclined to quash the proceeding against the first

petitioner as the matter involves disputed questions of fact.

Proceeding of G.R. Case no.524 of 2018 pending against the

second and third petitioners before the Learned Judicial magistrate,

3rd Court, Hooghly at chinsurah is quashed.

The prayer in respect of the first petitioner is considered and

rejected.

Certified website copies of this order, if applied for, be supplied

to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)

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