SHREEKANT SHARMA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Both the criminal revisions filed by the two accused persons praying of quashing of FIR and subsequent investigation against them were heard analogously and this Court delivers the following composite judgment as hereunder.

(2.) The Petitioner, Shreekant Sharma is a senior citizen aged about 63 years and a priest by profession. His nephew, Narayan Sharma, (co-accused person) is also a priest. Narayan Sharma was married to one Jyoti Sharma, who is the opposite party in this case, in May 2001 and from the said wedlock, two sons named Nimish Sharma and Nikunj Sharma, and a daughter, the alleged victim were born. There is a history of criminal proceedings and pending litigation between the co-accused person and the Opposite Party and several First Information Reports and written complaints have been lodged by both the co-accused person and his wife against each other and there is a pendency of Matrimonial Suit No. 277/21 filed under Sec. 13B of the Hindu Marriage Act before the Court of Learned Additional District Judge at Sealdah pursuant to Memorandum of Understanding dtd. 18/11/20 entered into by both the parties.

(3.) Between April to October 2020, several written complaints were made and FIRs were lodged by both the parties and their family members and associates alleging threat and intimidation and various other implications throughout this duration. Thereafter, both Narayan and Jyoti Sharma decided to resolve the differences and settle the matters outside Court. Accordingly, they executed a Memorandum of Understanding on 18/11/2020 whereby the terms of such settlement were reduced into writing and it was decided between the parties that Narayan Sharma would transfer a flat/apartment in Rajarhat to Jyoti Sharma (which was completed) and Jyoti Sharma started residing there with the children. In addition to the same, both the parties would jointly prefer an application for mutual divorce under Sec. 13B of the Hindu Marriage Act, 1956 and Narayan Sharma would also give a sum of 50,00,000/- to Jyoti Sharma, out of which they had paid Rs.15,00,000.00. The said Memorandum of Understanding (MoU) was acted upon and an application under 13B of the Hindu Marriage Act, 1956 was also filed along with a copy of the said MoU. However, during the pendency of the said application, it is alleged that Narayan Sharma received more demands of money from Jyoti Sharma. The said matter was diarized on 17/6/2021 by Narayan Sharma's brother, Abhishek Sharma.