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2023 Supreme(Cal) 983

BIBEK CHAUDHURI
Shreekant Sharma – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Milon Mukherjee, Mr. Daanish Haque, Mr. Karan Sharma, Md. Zohaib Rauf.
For the Opp. Partis : Mr. Subhamoy Bhattacharya, Mr. Shankar Mukherjee, Mr. Mohammad Shamim Akhtar, Mrs. Kausturi Hazra, Mr. Madhusudan Sur, Mr. Dipankar Paramanik.

JUDGMENT :

(Bibek Chaudhuri, J.) :

1. Both the criminal revisions filed by the two accused persons praying of quashing of FIR and subsequent investigation against them were heard analogously and this Court delivers the following composite judgment as hereunder.

2. The Petitioner, Shreekant Sharma is a senior citizen aged about 63 years and a priest by profession. His nephew, Narayan Sharma, (co-accused person) is also a priest. Narayan Sharma was married to one Jyoti Sharma, who is the opposite party in this case, in May 2001 and from the said wedlock, two sons named Nimish Sharma and Nikunj Sharma, and a daughter, the alleged victim were born. There is a history of criminal proceedings and pending litigation between the co-accused person and the Opposite Party and several First Information Reports and written complaints have been lodged by both the co-accused person and his wife against each other and there is a pendency of Matrimonial Suit No. 277/21 filed under section 13B of the Hindu Marriage Act before the Court of Learned Additional District Judge at Sealdah pursuant to Memorandum of Understanding dated 18.11.20 entered into by both the parties.

3. Between April to October 20

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