Kawaljeet Kaur vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 130

AJOY KUMAR MUKHERJEE
Kawaljeet Kaur – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Brojesh Jha, Mr. Neel Chakraborty, Ms. Prasupti Upadhya, Ms. Anushka Ghosh, Mr. Soumya Sarkar
For the Opposite Party : Mr. Sandipan Ganguly, Ms. Manaswita Mukeherjee, Mr. Loknath Chatterjee, Mr. Sukanta Ghosh

JUDGMENT :

Ajoy Kumar Mukherjee , J.

1. The instant application has been directed by the petitioners seeking quashing of the proceeding of Basirhat P.S. Case no. 256 dated 03.06.2018 under section 384/389/34 of the Indian Penal code. The FIR maker/opposite party no.2 alleged in the F.I.R about extortion by putting her in fear of accusation of rape against her son.

2. On the basis of complaint aforesaid criminal proceeding was initiated and thereafter on completion of investigation police submitted charge sheet against the petitioners under section 384/389/34 of the Indian Penal Code and learned Magistrate was pleased to take cognizance of the offence alleged therein and further pleased to supply the copies to the accused persons under section 207 of the Code and the instant case is presently pending for framing of charges before the trial court.

3. Being aggrieved by the said proceeding, Mr. Jha learned Counsel appearing on behalf of the petitioners submit that on the alleged date of incident i.e. on 04.02.2018 the petitioner no.1 and the son of opposite party no.2 were sharing a cordial and healthy relationship and till that date, the proposal for marriage was not cancelled. The docum