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.)