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Judgments of Supreme Court of India and High Courts

(Sk. Md. Ashadur Rahaman vs Harun Kayal & Anr.) on 17 July, 2017

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11 17.07.2017
an Court No. 34

CRR 742 of 2014
(Sk. Md. Ashadur Rahaman vs. Harun Kayal anr.)

Mr. Sukdeb Chatterjee
…………. for the Petitioner

Mr. Saswata Gopal Mukherjee, ld. P.P.

Mr. Abhra Mukherjee
Mr. Dipankar Mahato
……………. for the State

Heard the respective parties.

The petitioner contended that the story of FIR, as a whole, is false.

According to him, the so-called victim Priya Gupta voluntarily left the house of her

husband and, thereafter, she has married some other person. In her statement

recorded under Section 164 of the Code of Criminal Procedure, she categorically

stated that she was tortured physically and mentally on demand of dowry by the

present petitioner.

However, since she has deserted her husband out of her own, naturally

offence under Section 364 of the Indian Penal Code does not lie. However, the

chargesheet has been submitted only under Section 498A of the Indian Penal Code.

Since the victim’s own statement speaks that she was tortured mentally and

physically on demand of dowry, so at this stage, it is not possible to quash the

proceedings in connection Chargesheet No. 565/2013 dated 26.06.2013 against the

present petitioner.

Hence, with the above observations, this CRR stands dismissed.

The learned trial court is further directed to expedite the trial

accordingly.

Urgent certified photostat copy of this order, if applied for, shall be given
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to the parties as expeditiously as possible on compliance of all necessary formalities.

(Siddhartha Chattopadhyay, J.)

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