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Somnath Sanyal & Ors vs Unknown on 27 February, 2019



CRR 3528 of 2018
Ct. No. 29
In the matter of:- Somnath Sanyal Ors. ….petitioners

Mr. Subrata Goswami,
Mr. Sumanta Ganguly.

…for the petitioners.

This is an application praying for quashing of an investigational

proceeding under Section 498A and 506 of the Penal Code.

The learned Senior Counsel appearing on behalf of the

petitioners submits that the petitioner no.1 is the husband and the petitioner

nos.2 and 3 are the parents-in-law, respectively of the de facto

complainant/opposite party no.2. The petitioner no.4 is her brother-in-law

and the petitioner no.5 is the wife of the petitioner no.4. The learned

Advocate submits that the marriage between the petitioner no.1 and the

opposite party no.1 took place in 2012. According to the learned Advocate,

the opposite party no.2 started making demands for money from 2013

when the husband/petitioner no.1 got a job in Delhi. The husband used to

pay some amounts to the wife as per her demands. He submits that in

March, 2014 the present de facto complainant and her family members

abused and assaulted the petitioner no.1 and his family members for which

a complaint case was filed, which is still pending. He submits that the

wife/opposite party no.2 filed a complaint and under Section 498A of the

Penal Code and other provisions in April, 2014 but the same was dismissed

for non-prosecution in September, 2017. He submits that another

application filed by the wife under Section 125 of the Code in 2014 was

also dismissed for non-prosecution in 2017. The learned Advocate submits

that in such factual matrix, the allegations lodged by the present petitioner

in her First Information Report in 2018 absolutely incredulous. He submits

that no prima facie case is made out against the present petitioners as

would be evident from a plain reading of the First Information Report.

Let the petitioners serve a copy of this application upon the State

through the learned Public Prosecutor and upon the opposite party no.2 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 same heading ‘Listed Motion’

two weeks hence.

The petitioners shall be at liberty to pray for stay upon service of

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.)

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