SUMIT SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure , 1973 praying for quashing of proceeding in GR Case No. 19 of 1998 pending before the learned Sub-divisional Judicial Magistrate, Tamluk, Midnapore corresponding to Haldia P.S. Case No. 3 of 1998 dated 9-1-98 under Sections 498A/406 of the Indian Penal Code and all orders passed therein including the order dated 14-2-01,10-10-01 and 3-7-02 .

(2.) A short background of the mater may be jotted down here for proper appreciation of the matter for disposal .Complainant Lopamudra Sen was married to the petitioner on 18-1-1994 . They lived together in USA till 1997. The relation between them turned bitter. Father of the complainant went to USA and brought his daughter back. In September 1997 complainant filed Matrimonial Suit being No. 608 of 1997 under Section 22 of the Special Marriage Act, 1954 praying for restitution of conjugal rights before the learned Judge, Midnapore. The said suit was dismissed by an order dated 6-1-1999 on the ground of lack of territorial jurisdiction.

(3.) Thereafter she submitted a written complaint on 9-1-98 before the Inspector in-charge , Haldia Police Station. On the basis of that written complaint criminal case being GR No. 19 of 1998 corresponding to Haldia P.S. Case No. 3 of 1998 dated 9-1-98 under Section 498A/406 of IPC was started. Petitioner preferred application being CRM No. 4495 of 2000 praying for anticipatory bail before this Hon'ble Court. This Hon'ble Court by an order dated 6.12.2000 granted anticipatory bail to the petitioner on condition that he shall remit Rs. 5,000/- to his wife Lopamudra Sen from the month of December, 2000 until and unless they voluntarily start to live together as husband and wife. The petitioner preferred another application being CRR No. 2439 of 1998 before this Hon'ble Court praying for quashing of the First Information Report and investigation of GR Case No. 19.