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2024 Supreme(Cal) 298

SHAMPA DUTT (PAUL)
Sangita Garodia – Appellant
Versus
Ashish Garodia – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Moyukh Mukherjee, Mr. Abhijit Singh.
For the Respondent: Mr. Sandipan Ganguly, Mr. Karan Dudhwewala.

JUDGMENT :

Shampa Dutt (Paul), J.:

1. The present revision has been preferred praying for quashing of proceeding, being Complaint Case No. 689/2022, pending before the Learned 9th Judicial Magistrate at Alipore, alleging commission of offence under Sections 323/341/506/509(ii)/34 of the Indian Penal Code.

2. The petitioners submits that the complainant namely Ashish Garodia is the brother in law of the petitioner no.1 and husband of the petitioner no.1 namely Sangita Garodia who died on 31st January, 2010.

3. That to usurp the property at 1B, Mandevilla Gardens, PS-Gariahat, Kolkata-700 019, the complainant started various form of torture upon the petitioners as well as the daughter of the petitioner no.1.

4. The allegations made in the aforesaid complaint are inter-alia to the effect that:-

The complainant herein is the wife of Kanupriya Garodia. That the complainant lodged a complaint against the accused number 1 and 2 namely, Sangita Garodia and Shri Vatsa Garodia who happens to be the sister in law and nephew respectively of the opposite party. The husband of the accused no. 1, Late Vijay Kumar Garodia is also the elder brother of the complainant, herein. That the complainant along w

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