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Judgments of Supreme Court of India and High Courts

Md. Shakil & Ors vs Unknown on 10 April, 2019

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183 10.4.2019
A.B. Ct.No.29

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

Prohibition Act.

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
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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

weeks hence.

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

side.

Urgent photostat certified copy of this order may be supplied to the

parties expeditiously, if applied for.

(Jay Sengupta, J.)

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