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Judgments of Supreme Court of India and High Courts

(Monjushree Mukherjee vs State & Anr.) on 2 August, 2017


30 02.08.2017
an Court No. 34

CRR 2679 of 2015
(Monjushree Mukherjee vs. State anr.)

Mr. Sandipan Ganguly, Sr. Adv.

Mr. Sourav Chatterjee
…………. for the Petitioner

Mrs. Debjani Sahoo
……………. for the State

Heard the parties.

The petitioner challenges the proceedings in connection with

Bidhannagore P.S. Case No. 119 dated 16.10.2014 (G.R. Case No. 933/2014).

According to the petitioner, she is in no way connected with the alleged

offence. The FIR also does not disclose specifically for which offence she can be

brought to book. There is no ingredient of Section 498A of the Indian Penal Code

alongwith the ingredient of Section 406 of the Indian Penal Code.

He also contended that now there is a fashion to entangle all the

matrimonial inmates to such type of cases which has been deprecated by this court

as well as by the Hon’ble Apex Court in many cases.

The learned counsel appearing on behalf of the State produced the case

diary from which it reveals that the victim’s mother has given statement under

Section 161 of the Code of Criminal Procedure. The said statement speaks that

there was some quarrelling between the husband and wife.

In such circumstances, this court is of the view that it is a fit case where

this court should exercise its jurisdiction under Section 482 of the Code of Criminal


Hence, the proceedings be quashed in respect of the present petitioner.

The instant revisional application stands allowed.

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

to the parties as expeditiously as possible on compliance of all necessary formalities.

(Siddhartha Chattopadhyay, J.)

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