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.)