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8.06.2019

CRR 1027 of 2019
. No. 29
In the matter of:- Subrata Majhi @ Swapan Majhi Ors. …petitioners

Mr. Pratip Kumar Chatterjee,
Mr. Soumya Majumdar.

…for the petitioners.

This is an application praying for quashing of a proceeding where a charge

sheet was submitted under Sections 323 and 498A read with Section 34 of the Penal

Code and Section 4 of the Dowry Prohibition Act.

The learned Counsel appearing on behalf of the petitioners

submits as follows. The marriage between the petitioner no.1 and the

opposite party no.2 took place in 2007. In 2008, the opposite party no.2 left

her matrimonial home. In 2009, she lodged a First Information Report against

the petitioners and others. In the trial of that case, the accused were

acquitted from the charges under Sections 307 and Section498A read with Section

34 of the Penal Code. Thereafter, the petitioner no.1 filed an application

under Section 13(1) of the Hindu Marriage Act. After all these and only to

harass and further humiliate the petitioners, the opposite party no.2 lodged

another First Information Report in 2018, which led to the present

proceeding. Admittedly, the opposite party no.2 was staying in her paternal

home at the relevant time and the allegations made do not make out a prima

facie under the penal provisions as alleged. Any further continuation of the

impugned proceeding shall be an abuse of the process of Court.

I have heard the submissions of the learned Counsel appearing

on behalf of the petitioners and have perused the revision petition.

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 heading ‘Contested Application’ two weeks

hence.

Let the impugned proceeding remain stayed for a period of four weeks from

this date.

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The parties shall be at liberty to pray for extension or modification or

vacating of the interim order after 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.)