Kalyan Sarkar And ORS v. The State Of West Bengal And ANR

16.05.2024 Ct. No.3 sp3

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Criminal Revisional Jurisdiction Appellate Side CRR/51/2023 Kalyan Sarkar and Ors.

Versus

The State of West Bengal and Anr.

Mr. Sudip Guha, Adv.

Mr. Sandip Guha Roy, Adv.

Mr. Ananda Paul, Adv.

... for the petitioner Mr. Aditi Shankar Chakraborty, Adv.

Mr. Kallol Acharjee, Adv.

... for the State Mr. Sudip Guha, learned counsel, is appearing for the petitioner.

Mr. Kallol Acharjee, learned counsel, is appearing for the State.

The petitioner has filed the present application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 praying for quashing of the proceeding arising out of Alipurduar Women P.S. Case No. 67 of 2022 dated 21.08.2022 under Section 498A of the IPC read with Section 4 of the Dowry Prohibition Act corresponding to GR Case No. 2006 of 2022.

Counsel for the petitioner submits that the petitioner has initiated a Matrimonial Suit and after the initiation of the Matrimonial Suit, the wife of the petitioner

has filed the present complaint by implicating the present petitioner as well as old aged parents of the petitioner. Counsel for the petitioner submits that since after two days of marriage she left the matrimonial house and started residing with her parents and all the allegations made in the FIR are totally false and the police has not investigated the case properly. He further submits that only to defeat the case filed by the petitioner for grant of divorce, the wife of the petitioner has initiated the instant FIR.

Counsel for the State raised objection and submitted that she has been driven out from her matrimonial house on 4th August, 2021 and on 15th August, 2022 the petitioner along with her parents had been to the house of the parents of the de-facto complainant and had assaulted and abused the de-facto complainant.

Heard the learned counsel for the respective parties. This Court finds that after registration of the case, a proper investigation was carried out. The petitioner has not pointed out any materials to satisfy this Court to quash the proceeding. Accordingly, this Court finds that the application filed by the petitioner is misconceived. Accordingly, CRR/51/2023 is dismissed.

(Krishna Rao, J.)