Ct-35 C.R.R. No.3914 of 2017
In the matter of: Soumik Gayen Ors.
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
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
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
recalling the ex parte decree in Matrimonial Suit No.433 of
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
The said ex parte decree cannot be the sole ground for
quashing the complaint case being Compliant Case No.175 of
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
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.)