IMPORTANT POINT
A stranger purchaser of a share in a dwelling house cannot claim joint possession against co-owners, as established by Section 44 of the Transfer of Property Act.

JUDGMENT :

Partha Sarathi Sen, J.

1. The petitioners, the opposite party No. 1/State and the opposite party No. 2 are represented by their respective learned Advocates.

2. Mr. Sinha, learned Advocate for the State submits before this Court that on consideration of the prima facie materials as collected in course of investigation the I.O. has rightly submitted charge-sheet.

3. Since, CRAN 1 of 2024 is not available in the file this Court requests the learned Advocate for the opposite party No. 2 to handover an authenticated photocopy of the CRAN 1 of 2024.

4. The authenticated photocopy of CRAN 1 of 2024 as filed today is taken on record.

5. By filing the instant application under Section 482 Cr.P.C. the petitioners have prayed for quashing of all proceedings of C.G.R. No. 791 of 2007 as pending before the learned Judicial Magistrate, 9th Court, Alipore, South 24 Parganas under Sections 341/506/114 IPC arising out of Gariahat P.S. Case No. 64 of 2007 dated March 15, 2007.

6. For effective adjudication of the instant application the facts leading to initiation of C.G.R. No. 791 of 2007 is required to be discussed in a nut shell.

7. On March 15, 2007 the opposite party No. 2 lodged a written complaint with the Officer-in-Charge, Gariahat Police Station stating inter alia that he purchased 50 per cent share of premises No. 51G, Garcha Road, P.S. – Gariahat, Kolkata – 700019 (hereinafter referred to as the said ‘premises’) from one Smt. Namita Bose and after purchase when he moved his furniture and other belongings to the said purchased portion of the said premises through one of his family members namely, Gokul Bera. The said Gokul Bera was obstructed and pushed by the petitioner No. 1 (now dated being the husband of a co-owner one Smt. Ivy Bose) and the petitioner No. 2 being the son of said Smt. Ivy Bose who claimed that the said Smt. Ivy Bose is the co-owner of the said premises. On the basis of the said written complaint Gariahat Police Station No. 64 of 2007 dated 15.03.2007 under Sections 341/506/114 was started.

8. Investigation was taken up and on conclusion of the same charge-sheet against the present two petitioners have been submitted under Sections 341/506/114 IPC. The petitioners felt aggrieved with the filing of the said charge-sheet and thus approached this Court for quashing of the entire proceeding of C.G.R. No. 791 of 2001 as pending before the learned Trial Court.

9. Mr. Chowdhury, learned Advocate appearing for the petitioners at the very outset submits before this Court that from the materials as placed before this Court it would reveal that the said premises was at that material time jointly owned by one Ivy Bose the wife of the deceased petitioner No. 1 and the mother of the petitioner No. 2 and one Namita Bose and her family members and further the said Namita Bose is the sister-in-law (husband’s brother’s wife) of the said Ivy Bose.

10. It is further submitted by Mr. Chowdhury that the said premises was used as a dwelling house by both the family members i.e.; by the family members of Ivy Bose and Namita Bose. It is further submitted that all on a sudden the said Namita Bose transferred her undivided share in the said dwelling house to the opposite party No. 2 who is the informant before the learned trial court and trouble started thereafter when the opposite party No. 2 and his family members made an attempt to occupy the alleged purchased portion of the said premises which is being exclusively used a dwelling house by the family members of the present petitioners and the said Namita Bose. It is further submitted by Mr. Chowdhury that in order to prevent the opposite party No. 2 and his family members the said Ivy Bose being the wife of the deceased petitioner No. 1 and mother of the petitioner No. 2 approached learned Civil Judge, Junior Division at Alipore by filing Title Suit No. 49 of 2007 with a prayer for declaration and permanent injunction along with a prayer for temporary injunction under Order 39 Rules 1 a