CRR No.1376 of 2018
In the matter of:- Mrinmoy Ranjan Sikdar @ Mrinmay Sikdar Ors.
Ms.Aindrila De .. for the petitioners
This is an application for quashing of the proceedings, where a
charge -sheet has been submitted against the inlaws of the opposite
party no.2 under Section 498A of the Penal Code.
The learned Advocate appearing on behalf of the petitioners
submits that the marriage between the opposite party no.2 and her
husband took place 16 years ago. She further submits that the
present petitioners, who are the other inlaws of the defacto
complainant, stay separately from the couple as would be evident on
a report filed by the police in a proceeding under Section 107 of the
Code. She further submits that the defacto complainant had taken
loans, for which the lenders used to create trouble and finally the
husband committed suicide. The petitioner no.1 tried to file a first
information report over the death of the husband. Finally, an
application under Section 156(3) of the Code was allowed and an FIR
under Section 306 of the Penal Code was registered on 03.01.2017
against the present opposite party no.2 and her family members.
The learned Advocate contends that as a counter-blast, the
present FIR was lodged by the opposite party no.2 on 05.01.2017
merely after a few days from lodging of the FIR by the petitioner no.1.
She submits that the charges have not been framed yet in the case.
The learned Advocate also submits that no prima facie case is
made out against the present petitioners as would be evident from a
plain reading of the FIR, charge-sheet and its accompanying
documents and further contends that the continuation of the present
proceedings would be an abuse of the process of court.
I have heard the submission of the learned Advocate
appearing for the petitioners and have gone through the petition
including the certified copy of the charge-sheet.
Let the petitioners be served a copy of this application upon
the learned Public Prosecutor, High Court, Calcutta and also upon the
opposite party no.2 by speed post with A/D within a week. Affidavit-
of-service shall be served to that effect on the next date of hearing.
Let this matter come as a Contested Application four (4) weeks
There shall be a stay of the impugned proceedings in
G.R.Case No.79 of 2017 arising out of Gaighata Police Station Case
No.20 dated 05.01.2017 under Section 498A of the Penal Code for a
period of eight (8) weeks from this date.
Parties are at liberty to pray for extension or cancellation
and/or vacating of this interim order upon notice to the other side.
Urgent photostat copy of this order, if applied for, is to be given to the
parties on usual undertaking.
(Jay Sengupta, J.)