CRR 909 of 2020
In the matter of : Rabin Mondal
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
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
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.)