MANOJ MOHAN GHOSH Vs. STATE

JUDGEMENT

(1.) By this petition under Section 482, Cr.P.C., petitioners seekquashingoftheFIRNo.83/1996underSection506,IPCregisteredatthePolice Station Greater Kailash.

(2.) Petitioner No. 1 is the father of the petitioner No. 2 and both are residents of Calcutta (West Bengal). On 26.2.1996, the impugned FIR was registered under Section 506, Indian Penal Code at the Police Station Greater Kailash on the basis of the following complaint made by respondent No. 2:

(3.) According to the petitioners, the petitioner No. 1 held responsible posts in the Government of India. In 1994, he was introduced to the respondent No. 2 through one Mr. Abhijit Mukherjee. Some matrimonial disputes between the respondent No. 2 and his wife were pending in the Courts at Calcutta. Pursuant to the request made by the respondent No. 2 and his father, the petitioner No. 1 intervened in the matter and got the disputes settled between the respondent No. 2 and his wife. As per compromise, the respondent No. 2 agreed to pay a sum of Rs. l,45,000.00 to his wife. At request of the respondent No. 2, the petitioner No. 1 paid the said sum to his wife. Despite an undertaking given by the respondent No. 2, he did not repay the said amount to the petitioner No. 1. Learned Counsel for the petitioners contended that with a view to avoiding repayment of the said amount, the respondent No. 2 lodged a false report against the petitioners. According to the learned Counsel, the allegations made in the impugned FIR are so absurd and inherently improbable on the basis of which no prudent person can overreach ajust conclusion that there is sufficient ground for proceeding against the petitioners.