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2024 Supreme(Cal) 517

AJOY KUMAR MUKHERJEE
Subham Roy Choudhury – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ajoy Roy Choudhury.
For the Opposite Parties : Mr. Sabyasachi Mukherjee, Mr. Bibek Dey, Mr. Syed Neaz Ahmed, Mr. Mukesh Khanan, Mr. Mrinmoy Nandi.

JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. This is an application under section 482 read with section 401 of the Code of Criminal Procedure 1973 (hereinafter called as Code) wherein petitioner has sought for quashing all impugned proceedings and orders passed in Misc. Case no. 515 of 2016 under Section 125 of the Code, in consequence of the judgment dated 8th July, 2022 passed by this High Court in ACGR case no. 4107 of 2016, discharging the petitioner from the offences under section 498-A/406 and 34 of the Indian Penal code 1860 (IPC).

2. Petitioner contended that a purported marriage was held on 22.02.2016 in between the petitioner and the opposite party No.2 herein and the wife opposite party stayed only for 7 days in two phases in her matrimonial home and ultimately left matrimonial home on 03.03.2016

3. Petitioner’s further case is that the petitioner thereafter filed a suit for declaring nullity of said purported marriage and immediate after getting notice of that suit, as a counter blast, the opposite party/wife started harassing the petitioner and his family members with false and fabricated allegations.

4. The opposite party/wife lodged an FIR on 12.07.2016 against the petitioner u

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