SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Soumik Gayen & Ors vs Unknown on 4 January, 2018

1

04.01.2018

Sl.27
Ct-35 C.R.R. No.3914 of 2017
(AD)

In the matter of: Soumik Gayen Ors.

Vs. …Petitioners.

The State of West Bengal Ors.

Mr. Samarendra Datta, Adv.

Mr. Arun Naskar. Adv.

… for the Petitioners.

This application under Section 482 of the Code of

Criminal Procedure has been filed for quashing the Complaint

Case No.175/2017 pending before the learned Judicial

Magistrate, 3rd Court, Howrah of Sankrail Police Station under

Section 498A/323/406/34 of the Indian Penal Code.

Despite service of notice none appears on behalf of the

opposite party.

Let the affidavit of service be kept with the record.

The main contention of learned Advocate for the

petitioners is that the marital tie between the parties has been

dissolved by a decree of divorce passed by the learned

Additional District Judge, 2nd Court, Howrah in Matrimonial

Suit No.433 of 2015. But thereafter the wife has filed a case

under Section 498A/323 of Indian Penal Code against the

present petitioners.

Learned Advocate for the petitioners further contends

that the police authority has seized some articles from the

possession of the present petitioner without adhering to the

provisions of law.

It appears from the copy of the order annexed with the

application that the suit was decreed ex parte and in absence

of the wife on 1st March, 2016. Thereafter, a Misc. Case being

Misc. Case No.32 of 2017 has been filed by the wife for
2

recalling the ex parte decree in Matrimonial Suit No.433 of

2015.

Therefore, in any view of the matter, it cannot be said

that such ex parte order passed in Matrimonial Suit has

reached its finality.

In that view of this case, I do not find any reason to

interfere with the complainant’s complaint being Complaint

Case No.175 of 2017 filed by the wife against the present

petitioners.

The said ex parte decree cannot be the sole ground for

quashing the complaint case being Compliant Case No.175 of

2017.

In that view of this case, I do not find any merit in the

Criminal Revisional Application and accordingly, the Criminal

Revisional Application being CRR No.3914 of 2017 stands

rejected.

Urgent photostat certified copies of this order, if applied

for, shall be given to the parties as expeditiously as possible

on compliance of all necessary formalities.

(Debi Prosad Dey, J.)

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please to read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registrationJOIN WELCOME GROUP HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307,312, 313,323 376, 377, 406, 420, 506, 509; and also TEP, RTI etc

Web Design BangladeshWeb Design BangladeshMymensingh