C.R.R. 3052 of 2018
In Re: Biswajit Kar and others
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
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
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
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
Certified website copies of this order, if applied for, be supplied
to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)