SABYASACHI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application pertains to a prayer for quashing of the proceeding being GR Case No. 744 of 2017 presently pending before judicial Magistrate Arambagh Hooghly. In the complaint the opposite party no.2 being the wife of Chittaranjan Jana alleged that on 22/3/2017 at about 7 to 7.30 a.m. the FIR named accused persons entered into the backside of his house with some unknown person and started digging for making a drain and when the complainant and her husband raised objection, the accused persons abused them with filthy languages. Petitioners/accused Aditi Mondal and Snigdha Ghosh caught hold of her hair and assaulted her with fist and blows and when her husband tried to resist them, the other two accused persons Sabyasachi and Anupam assaulted her husband with fist and blows and accused Sabyasachi due to previous grudge tore off her blouse and attempted to outrage her modesty. Accused Anupam took away a gold chain and also assaulted her. When she raised alarm, the local people gathered at the spot. Thereafter, the accused persons left the place after threatening them with dire consequences. On the basis of the complaint lodged by the complainant, Goghat police station case no. 167 of 2017 under Sec. 447/323/325/354B/379/307/34 of the Indian Penal Code was started for investigation.

(2.) After investigation charge sheet has been submitted under Sec. 447/323/506/34 of the IPC and learned Magistrate had taken cognizance of the offence under those Sec. by an order dtd. 24/8/2017.

(3.) Being aggrieved by that proceeding Mr. Ahmed, learned Counsel appearing on behalf of the petitioner submits that from the contents of FIR, it is crystal clear that in order to wreak vengeance, the opposite party no. 2 has come up with the present false and frivolous allegation and attempted to rope the petitioners in order to compel them to face a rigorous criminal trial. It is apparent from the record that the alleged incident took place on 22/3/2017 and immediate after occurrence at the first instance the husband of the opposite party no.2 namely Chittranjan Jana filed an Application under sec. 144 of Cr.P.C. where the allegation was of abuse and not even assault.