C.R.R. 828 of 2019
In the matter of:- Md. Shakil Ors.
Mr. Debabrata Roy
Mrs. Soma Panda
Mr. Subhradip Saha
…for the petitioners
This is an application for quashing of a proceeding in which a charge
sheet has been submitted under sections 323/406/498A/506/379 read
with section 34 of the Penal Code and sections 3 and 4 of the Dowry
The learned advocate appearing on behalf of the petitioners submits as
follows. The petitioner No. 1 is the husband of the opposite party No.
2/defacto complainant. The petitioner Nos. 2 and 3 are the sisters-in-law,
the petitioner No. 4 is the brother-in-law, the petitioner Nos. 5 and 7 are the
married sisters-in-law and the petitioner Nos. 6 and 8 are the respective
husbands of the petitioner Nos. 5 and 7. In 2015 the marriage took place
between the petitioner No. 1 and the opposite party No. 2. After some time
disputes cropped up. Admittedly since June, 2016 the defacto complainant
was staying at her maternal home. On 22.11.2017, the defacto complainant
initiated the present proceedings by filing an application under section
156(3) of the Code. The allegations levelled against the present petitioners
do not even make out a prima facie case against them. The allegations are
commonplace and mostly directed against the petitioner No. 1/husband.
The petitioner Nos. 5 and 7 who are the married sisters-in-law stay
elsewhere with their respective husbands being the petitioner Nos. 6 and 8.
All the family members have been needlessly entangled in this case. It is
also significant to note that as per the charge sheet, the defacto complainant
did not want to receive the stridhan articles at that stage.
Let the petitioner serve a copy of the application upon the State
through the learned Public Prosecutor and 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
The impugned proceeding shall remain stayed, so far as the present
petitioner Nos. 2 to 8 are concered, for a period of four weeks from this date.
The parties shall be at liberty to pray for extension or modification or
variation or vacating of the interim order upon service of notice to the other
Urgent photostat certified copy of this order may be supplied to the
parties expeditiously, if applied for.
(Jay Sengupta, J.)