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Rabin Mondal vs Unknown on 11 March, 2020



ct.32 sb

CRR 909 of 2020

In the matter of : Rabin Mondal
… Petitioner.

Mr. Abhijit Kumar Adhya
… For the petitioner.

This is an application praying for quashing of a

complaint case under sections 323, 406, 498A, 504 and 506 read

with section 34 of the Penal Code.

Learned counsel appearing on behalf of the petitioner

submits as follows. The couple got married in 2012. After some

time some differences cropped up between the two. They filed a

matrimonial suit seeking mutual divorce under section 13B of the

Hindu Marriage Act. In fact, a few days after the marriage, the

opposite party no.2 left her matrimonial home leaving her minor

son in the care of the present petitioner. Before summons could be

issued in the present case, the petitioner/husband had filed a

First Information Report against the opposite party no.2. for

alleged commission of offences under sections 379, 494 read with

section 34 of the Penal Code. A charge sheet was submitted in the

said case. The present proceeding was instituted as a counter-

blast only to harass the petitioner. Despite the existence of

marriage and pendency of the matrimonial suit, the opposite party

no.2 has got married to another person with whom she was having

an adulterous affair. Any further continuation of the impugned

proceeding shall be an abuse of the process of Court.

Let the petitioner serve a copy of this application upon

the State through the learned Public Prosecutor, High Court,

Calcutta, and to the complainant/opposite party by speed post

with acknowledgement due, within a week and file an affidavit of

service to that effect on the next date of hearing.

Let this matter appear as a “Contested Application” two

weeks hence.

The impugned proceeding shall remain stayed for a

period of five 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.

The State is directed to produce the case diary on the

next date of hearing.

Urgent photostat certified copy of this order, if applied

for, is to be given to the parties upon usual undertakings.

(Jay Sengupta, J.)

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