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Padma Debi @ Padma Devi & Ors vs Unknown on 26 February, 2019



CRR 62 of 2019
Ct. No. 29 In the matter of:- Padma Debi @ Padma Devi Ors. …petitioners

Ms. Subhasree Patel,
Ms. Pallabi Biswas,
Mr. Saikat Mondal.

…for the petitioners.

This is an application praying for quashing of a complaint case

being C Case No.285 of 2017 under Section 342 of the Penal Code

presently pending before the learned Judicial Magistrate, 5th Court,

Barrackpore, 24-Parganas (North).

The learned Advocate appearing on behalf of the petitioners

submits that the petitioner no.1 got married to the complainant/opposite

party in 2014. She was driven out from her home in 2015. According to the

petitioner, a child was born to the couple while she was staying in her

paternal home and was accordingly being raised there. The learned

Advocate submits that in connection with the marital dispute between the

couple, several litigations are pending. The petitioner no.2 was constrained

to file a First Information Report under Section 498A of the Penal Code as

also initiate a proceeding under the Protection of Women from Domestic

Violence Act. He submits that the petitioners had also filed a divorce suit

against the opposite party. He further submits that on the other hand the

husband/opposite party had never prayed for custody of the child. The

learned Advocate contends that only to harass the petitioner no.1 and her

family members, they have been falsely implicated in the present complaint

case under Section 342 of the Penal Code. He submits that no prima facie

case is made out against the present petitioners as would be evident from a

plain reading of the petition of complaint and any further continuation of the

impugned proceedings shall be an abuse of the process of Court.

Let the petitioner serve a copy of this application upon the

opposite party by speed post with acknowledgment 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 proceedings shall remain stayed for a period of six

weeks from this date.

The parties shall be at liberty to pray for extension or modification

or vacating of the interim order upon 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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