Harendra Nath Sarkar vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 732

IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Harendra Nath Sarkar – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Petitioner: Mr. A.K. Samanta, Mr. Surajit Maity, Mr. Arun Kumar Das
For the Respondent: Mr. Satadru lahiri, Mr. Safdar Azam, Mr. D.Ray, Mr. Bidyut Kumar Roy, Ms. Faria Hossain

JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. Petitioners are the brothers in law and sister in law of the defacto complainant/opposite party no.2, who prayed for quashing of proceeding being GR case no. 2204 of 2017 arising out of Bagda Police Station case no.409/2017 under section 498A/34 of the Indian Penal Code presently pending before learned ACJM, Bongaon, North 24 Parganas.

2. The Opposite party no.2/victim filed a petition of complaint before the court below under section 156(3) of the Cr.P.C. against the petitioners and after receiving the said complaint learned Court below directed the police to start investigation and thereafter police submitted charge sheet against six accused persons under section 498A/34 of IPC and during pendency of the proceeding father in law and one brother in law died and accordingly the name of the petitioner no.1 & 3 were expunged from the cause title of the instant application.

3. The allegation levelled in the petition of complaint which was subsequently treated as FIR interalia states that the marriage of the complainant was solemnised with one Nilratan Sarkar about 19 years back and due to said wedlock two male children were born. While the husband