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Judgments of Supreme Court of India and High Courts

Suchitra Maji & Anr vs Unknown on 11 March, 2020

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46 11.03.2020 C.R.R. 878 of 2020
Court No.32
Aloke
In the matter of: Suchitra Maji Anr.

…Petitioners
Mr. Sourav Chatterjee
Mr. Aniruddha Bhattacharyya
…for the Petitioners.

This is an application for quashing of a proceeding in which a charge-

sheet was submitted under Sections 498A,506,34 of the Indian Penal Code

and under Section 3 and 4 of the Dowry Prohibition Act.

Learned counsel appearing for the petitioners submits as follows. The

present petitioners are the cousin sisters of the husband of the de facto

complainant/opposite party no. 2. Although the only specific roles ascribed

to them are that upon provocation by them and others the husband

demanded dowry and that during her pregnancy the victim was mentally

tortured by the petitioners and others, no mode has been specified or details

have been given as to the nature and timing of such torture. The main

allegation contained in the first information report that was started pursuant

to an order under Section 156(3) of the Code are against the husband and

other in-laws. Any further continuation of the impugned proceeding shall be

an abuse of the process of Court.

Let a copy of this application be served upon the State through the

learned Public Prosecutor and upon opposite party no. 2 by speed post with

acknowledgment due, within a week and affidavit-of-service to that effect

shall be filed on the next date of hearing.

Let this matter appear as ‘Contested Application’ two weeks hence.

The impugned proceeding shall remain stayed so far as the present

petitioners are concerned for a period of five weeks from this date.
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The parties shall be at liberty to pray for extension, modification,

variation and/or vacating the interim order upon notice to the other side.

Urgent photostat certified copy of this order, if applied for, be supplied

to the parties upon usual undertakings.

(Jay Sengupta, J.)

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