LAWS(CAL)-2024-2-46

SUBHAM ROY CHOUDHURY Vs. STATE OF WEST BENGAL

Decided On February 01, 2024
Subham Roy Choudhury Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This is an application under Sec. 482 read with Sec. 401 of the Code of Criminal Procedure 1973 (hereinafter called as Code) wherein petitioner has sought for quashing all impugned proceedings and orders passed in Misc. Case no. 515 of 2016 under Sec. 125 of the Code, in consequence of the judgment dtd. 8/7/2022 passed by this High Court in ACGR case no. 4107 of 2016, discharging the petitioner from the offences under Sec. 498-A/406 and 34 of the Indian Penal code 1860 (IPC).

(2.) Petitioner contended that a purported marriage was held on 22/2/2016 in between the petitioner and the opposite party No.2 herein and the wife opposite party stayed only for 7 days in two phases in her matrimonial home and ultimately left matrimonial home on 3/3/2016

(3.) Petitioner's further case is that the petitioner thereafter filed a suit for declaring nullity of said purported marriage and immediate after getting notice of that suit, as a counter blast, the opposite party/wife started harassing the petitioner and his family members with false and fabricated allegations.