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2024 Supreme(Cal) 378

SHAMPA DUTT (PAUL)
Swapan Bera – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sudipta Kumar Bose, Mr. Aniruddha Bandhyopadhyay.
For the Respondent: Mr. Krishna Das Poddar, Mr. Pradip Paul, Ms. Renesa Dey, Mr. Bitasok Banerjee.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of proceedings of G.R. Case No. 1008 of 2020, corresponding to Patashpur Police Station Case No. 377 of 2020, dated 09.10.2020, under Sections 498A/323 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, pending before the Court of the Learned Additional Chief Judicial Magistrate at Contai, Purba Medinipur.

2. The petitioner states that he being the husband of the de facto complainant is now facing the false charges of committing torture upon the de facto complainant/opposite party No. 2 for demand of dowry under Sections 498A/323 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, in spite of the marriage tie between the petitioner and the opposite party No.2 having been dissolved by a decree of divorce by the competent Court more than two years before the institution of the impugned proceedings against the petitioner.

3. The parties were married on 30.06.2005.

4. The Petitioner states that he is a Medical Practitioner by profession and the de facto complainant/opposite party No. 2 was a housewife, and therefore the petitioner till date pays all expenses for m

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