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Soumik Gayen & Ors vs Unknown on 4 January, 2018



Ct-35 C.R.R. No.3914 of 2017

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

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.)

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