LAWS(CAL)-2023-7-66

HAZARI RAM GOND Vs. STATE OF WEST BENGAL

Decided On July 13, 2023
Hazari Ram Gond Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the proceedings of A.C.G.R. Case No. 4603 of 2015 arising out of Parnashree Police Station Case No. 238 dtd. 4/8/2015 under Ss. 498A/406 of the Indian Penal Code, 1860 read with Ss. 3/4 of the Dowry Prohibition Act now pending before the Court of the Learned Judicial Magistrate, 6th Court, Alipore, South 24 Parganas.

(2.) The petitioners' case is that the petitioner no. 1 is the 71 years old unfortunate father-in-law of the opposite party no. 2 and is suffering from serious severe heart LMCA diseases (CAD) (heard ailments), Recent ACS, osteoarthritis both knee, BP, Sugar along with other old aged ailments and for that he has undergone several surgeries including open heard and prostrate surgery. The petitioner no. 2 is the 63 years old unfortunate mother-in-law suffering from Sterile Pyuria, Anaemia of chronic disease, chronic kidney disease stage (iii) b, Sugar, Low HB%, High B P and other old age ailments. The petitioner no. 3 aged about 29 years and petitioner no. 4 aged about 40 years are the unfortunate unmarried brother-in-law and sister-in-law of the opposite party no. 2 herein. The petitioners no. 3 and 4 are the only person physically available to look after their old ailing parents. It is pertinent to mention herein that the petitioner belongs to Gond Community and due to the pendency of this malicious prosecution, the petitioners no. 3 and 4 who are the unmarried brother-in-law and sister-in-law are not being able to married as no one from the Gond Community is ready to get married to them.

(3.) The petitioner nos. 1 and 2 have expired.