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2024 Supreme(Cal) 817

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


Advocates Appeared:
For the Petitioners: Mr. Kallol Kumar Basu, Mr. Md. Jannat Ul Firdous.
For the State : Mr. Manoranjan Mahata, Ms. Debjani Sahu.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present criminal revision has been preferred praying for quashing of F.I.R. being Hemnagar Coastal Police Station Case No. 46/2020 dated 09.09.2020 and proceeding being G.R. Case No. 3835 of 2020 arising out of Hemnagar Coastal Police Station Case being No. 46/2020 dated 09.09.2020 under Sections 498A/323/406/34 of Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

2. In spite of due service there is no representation of behalf of the Opposite Party No. 2.

3. The Petitioner no. 1 was married with the Opposite Party No. 2 in the year 2013 as per Hindu Rites & Customs. The Petitioner Nos. 2 & 3 are father and brother of the Petitioner No. 1 and father-in-law & brother-in-law of the Opposite Party No. 2. The Petitioner No. 4 is wife of Petitioner No. 3 and Petitioner No. 5 is mother of Petitioner No. 1 & 3 and thus the mother-in-law of the opposite party no. 2/complainant.

4. After the birth of a child, the Opposite Party No. 2/wife became extremely arrogant. The Opposite Party No. 2 clearly informed the petitioner no. 1 i.e. the husband, that the Opposite Party No. 2 was not interested to lead a conjugal life with the petitioner no. 1

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