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
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
Hence, with the above observations, this CRR stands dismissed.
The learned trial court is further directed to expedite the trial
Urgent certified photostat copy of this order, if applied for, shall be given
to the parties as expeditiously as possible on compliance of all necessary formalities.
(Siddhartha Chattopadhyay, J.)