SAKINA BANU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for quashing of proceeding in G.R. Case No. 2752 of 2017 pending before the learned Additional Chief Judicial Magistrate, Uluberia, Howrah corresponding to Bauria Police Station Case No. 180 of 2017 dtd. 23/10/2017 in which a charge sheet was submitted under Ss. 323, 325 and 448 of the Penal Code.

(2.) Despite service of notice upon the defacto complainant/added opposite party on several occasions, either through the State or by the petitioner, the defacto complainant has chosen not to appear before this Court.

(3.) Mr. Roy, learned counsel appearing on behalf of the petitioner, submitted as follows. The instant case was a counterblast to a prior criminal case initiated by the present petitioner against her in-laws. The petitioner happened to be the daughter-in-law of the present opposite party no. 2. First, the petitioner lodged a First Information Report on 18.10.2017 under Ss. 498A and 325 read with Sec. 34 of the Penal Code and Ss. 3 and 4 of the Dowry Prohibition Act. This culminated in submission of charge sheet against the husband and the father-in-law under Ss. 307, 325 and 498A of the Penal Code on 07.01.2018. The instant case relates to a subsequent First Information Report lodged by the petitioner 's mother-in-law against the petitioner and her father on 23/10/2017 under Ss. 323, 325, 380 and 448 read with Sec. 34 of the Penal Code. On 30.12.2017, a charge sheet was submitted against the petitioner under Ss. 323, 325 and 448 of the Penal Code. The case instituted by the mother-in-law is nothing but a counterblast so that the petitioner can be dissuaded from pursuing her case against the other in-laws. In fact, it was the present petitioner who had suffered an injury in this case. No prima facie case was made out as against the present petitioner. The impugned proceeding was actuated by malice and thus, the consequent proceeding ought to be quashed in the interest of justice.