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.)