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2024 Supreme(Cal) 17

SHAMPA DUTT (PAUL)
Luna Das (Mondal) – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
For the Petitioner:Jayanta Kr. Biswas, Tanuja Sarkar, Advocates. For the Respondents:C. Das, Altaf Hossain, Advocates.

JUDGMENT

1. The present revisional application has been preferred praying for quashing of the proceeding being Misc. Case No. 48 of 2016 (T.R. 762 of 2016) under Sections 193/197/199 of the Indian Penal Code pending in the Court of the Learned Judicial Magistrate, 10th Court, Alipore, South 24 Parganas.

2. FACTS:-

The petitioner states that the petitioner and opposite party no. 2 got married following Hindu rites and rituals on 10.05.2004.

3. Out of the said wedlock a female child and a male child were born on 23.03.2007 and 16.11.2009 respectively.

4. As the petitioner was subjected to torture in her matrimonial home by the inmates which became unbearable, she was compelled to leave her matrimonial house and lodge an complaint with the Bishnupur Police Station against the opposite party no. 2 and others.

5. Said First Information Report gave rise to Bishnupur Police Station Case No. 141 of 2013 dated 16.03.2013 under Sections 498A/406/34 of the Indian Penal Code against the opposite party no.2 and others.

6. The Investigating Agency in course of investigation, searched the house of the opposite party no.2 and seized certain articles from his house after preparing a proper s

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