Sunita Poddar And Others v. State Of West Bengal And ANR
IN THE HIGH COURT OF CALCUTTA
CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE
Present:
The Hon'ble Justice Md. ShabbarRashidi CRR3546 of 2025 SunitaPoddar&Ors.
Vs.
The State of West Bengal &Anr.
For the petitioners :
Mr. KallolMondal, Sr. Adv.
Mr. Krishan Ray, Adv.
Mr. Souvik Das, Adv.
Mr. Anamitra Banerjee, Adv.
Mr. Sreyash Kumar Singh, Adv.
For the State :
Ms. BaisaliBasu, Adv.
Ms. SnigdhaSaha, Adv.
Heard on :
16.09.2025 Judgment on :
16.09.2025 Md. ShabbarRashidi, J.:- 1.
Affidavit of service filed on behalf of the petitioners is taken on record.
2.
The instant revisional application has been filed by the petitioners seeking quashing of the proceedings in G. R. Case No.1114 of 2023 pending before the Court of the learned Additional Chief Judicial Magistrate, Bidhannnagar, North 24-Parganas under Sections 447/323/506/509/120B of IPC, 1860.
3.
It is submitted by the learned advocate for the petitioners that they have been falsely implicated in this case. Learned advocate for the petitioners submits that the petitioner no.3 lodged a complaint under Section 498A of the IPC against the de-facto complainant and her family members of G.R. Case No.1114 of 2023. According to the learned advocate for the petitioners, the instant case has been filed on false allegations as the petitioner no.3 filed a case under Section 498A of IPC against the complainant and his family members. There are no materials to establish the charges in such case.
4.
State is represented.
5.
Learned advocate for the State produces the case diary. 6.
On perusal of the case diary, it transpires that the defacto complainant in G.R. Case No.1114 of 2023 was assaulted by the present petitioners when she was at her parental house for the purpose of bringing her back or effecting a compromise between ongoing matrimonial disputes and she suffered injuries.
7.
Learned advocate for the State relies upon the injury report of the victim together with the statement of the defacto complainant recorded under Section 164 of the Cr.P.C. as also the statement of her son recorded under Section 161 of the Cr.P.C. It is submitted that the investigation has already ended in a charge sheet. 8.
Learned advocate for the State submits that a case to go into trial has been made out at the conclusion of the investigation. 9.
It is not in dispute that the present petitioner no.3 filed a case under Section 498A of IPC against the defacto complainant and her family members of G.R. Case No.1114 of 2023.
10.
Learned advocate for the petitioners submits that such case was an outcome of the previous matrimonial dispute between the two families. It is also submitted by the learned advocate for the petitioners that at the time of hearing the statement recorded under Section 164 of Cr.P.C. implicates only the petitioner no.4, so far as the assault is concerned.
11.
Be that as it may, the investigation of the case apparently has ended in a charge sheet under Sections 447/323/506/509/120B of IPC. As per the allegations made in the petitioners' complaint, all the petitioners visited the house of the de-facto complainant. There was an
altercation and in course of altercation, the de-facto complainant was pushed by the petitioner no.4 resulting in certain injuries to her. 12.
In the facts and circumstances of the case, since the charge sheet has been submitted in the case and taking into account that all the accused persons are alleged to have visited the house of the de-facto complainant, apparently to resolve the matrimonial dispute between the two families, I find no justification to quash the entire criminal proceedings against the petitioners.
13.
The petitioners are at liberty to avail their remedies before the learned Trial Court.
14.
Accordingly, CRR 3546 of 2025 stands disposed of. 15.
Urgent photostat certified copy of this judgment, if applied for, be given to the parties upon compliance of all necessary formalities. (Md. ShabbarRashidi, J.) pp