C.R.R. 525 of 2019
In the matter of:- Kanchan Newar Anr.
Mr. Saurav Chatterjee
Mr. Amit Ghatak
Mr. Anituddha Bhattacharyya
…for the petitioners
This is an application for quashing of the proceeding presently pending
under sections 498A/406/313 read with section 34 of the Indian Penal Code and
under sections 3 and 4 of the Protection of Women from Domestic Violence Act.
The learned advocate appears on behalf of the petitioners submits as
follows. Although the case was initially started also under section 313 of the
Indian Penal Code, the said provision was dropped from the charge sheet. The
petitioner no. 1 is the sister of the mother-in-law of the opposite party no. 2/
defacto complainant and the petitioner no. 2 is the sister of the father-in-law of
the said defacto complainant. The petitioner no. 2 is a cancer patient and has
been recently advised to undergo Bone Marrow Transplant. Although the defacto
complainant had lodged a rather lengthy hand written complaint, she did not
think it fit to make the present petitioners accused in the said First Information
Report. There is a mere allusion to the involvement of the petitioner no. 2 in the
said F.I.R. to the extent that she had allegedly mentally abused the defacto
complainant. No prima facie case can be said to have been made out to the
present petitioners as would be evident from a plain reading of the First
Information Report and the charge sheet and its accompanied documents. Any
further contention of impugned proceeding shall be an abuse of the process of
the Court. Charges have not yet been framed in this case.
Let the petitioners serve a copy of the application upon the learned Public
Prosecutor and the opposite party No. 2 by speed post with acknowledgement
due, within a week. An affidavit of service to that effect shall be filed on the next
date of hearing.
Let this matter appear under the heading ‘contested application’ two weeks
Let the impugned proceeding shall be stayed, so far as the present
petitioners are concerned, for a period of six weeks from this date.
Liberty is granted to the parties to pray for extension or modification or
variation or vacating of the interim order upon notice to the other side.
Urgent photostat certified copy of this order may be supplied to the parties
expeditiously, if applied for.
(Jay Sengupta, J.)