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IN THE HIGH COURT AT CALCUTTA
Dr. AJOY KUMAR MUKHERJEE, J
Sumanlal Kodialbail – Appellant
Versus
The State of West Bengal – Respondent
| Table of Content |
|---|
| 1. initial allegations prompting the criminal case. (Para 1 , 2) |
| 2. defense argument emphasizing prior actions of the complainant. (Para 3 , 4 , 5 , 12) |
| 3. court's analysis of cruelty definition under ipc. (Para 10 , 11 , 19 , 20 , 21) |
| 4. court's conclusion on the lack of substantive evidence. (Para 17 , 23 , 25) |
| 5. final decision to quash the fir due to absence of a prima facie case. (Para 26 , 27) |
Dr. Ajoy Kumar Mukherjee, J.
1. The instant application under section 482 of the Code of Criminal Procedure has been preferred assailing the proceeding being Burdwan Women Police Station Case No. 403, dated August 21st, 2022 under section 498A/406 of the Indian Penal Code (IPC) pending before CJM, Purba Burdwan.
2. On August 21, 2022 the opposite party no. 2 herein lodged an FIR against the petitioners herein inter alia on the allegations that since after the marriage of opposite party no. 2 with the petitioner no. 1 herein, the opposite party no. 2 has been subjected to mental and physical torture by the petitioners herein. Due to such continuous torture and oppression opposite party no.2 had to leave her matrimonial home and thereafter she took shelter at Burdwan. It has be
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