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Fakhre Alam & Ors vs State Of West Bengal & Anr on 25 April, 2017

1

25/04/2017

ARDR
CRR 1368 of 2010

Fakhre Alam Ors.

Vs.

State of West Bengal anr.

Mr. Milon Mukherjee, Sr. Adv.,
Mr. Biswajit Manna,
…for the petitioners.

Mr. Abhra Mukherjee,
Ms. Mayukhi Mitra,
…for the State

Affidavit of service is taken on record.

None appears on behalf of the private opposite party.

Learned counsel appearing on behalf of the petitioners has

submitted that the FIR itself does not speak of any ingredient of Section

498A of the IPC is concerned so far as these petitioners are concerned.

It appears from the FIR that the de-facto complainant’s marriage

was held with one Iftikar Alam, who is working at USA. The FIR further

speaks that the de-facto complainant also accompanied him in USA and

stayed there for some years. When she came back to Calcutta and began

to reside with this accused/petitioners, she came to know that her

husband had gone to USA leaving the child to her custody. Only

allegation against the present petitioners are that they had been abusing

her regularly and assaulted her physically.

It is perhaps needless to say that this so-called assault and

abusing by filthy languages do not come under the purview of Section

498A of the IPC.

2

This apart, now a days there is a tendency to include the inmates

of the husband in almost every proceeding u/s 498A IPC. This aspect

was supposed to be looked into.

It is submitted at the Bar that the present private opposite party

no. 2 is again married and she is also settled at USA. Possibly that is the

reason for which she did not turn up before this Court.

Considering the circumstances, I do not find any reason to allow

the proceeding of Beniapukur (Section R1) P. S. Case no. 36 dated

03/2/2006 to go on.

Accordingly, the said proceeding is quashed in respect of the

present petitioners i.e. to say Fakhre Alam (since deceased), Akhtari

Begum and Irshad Alam. Proceeding in respect of Iftikar Alam shall

continue.

With this direction, this CRR stands allowed.

Urgent photostat certified copy of this order, if applied for, be given

to the parties.

(Siddhartha Chattopadhyay, J. )

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