IN RE, SOVAN SIDDHANTA AND ORS. Vs. STATE

JUDGEMENT

(1.) This is an application under Section 482 read with section 401 of the Code of Criminal Procedure, 1973 praying for quashing of the proceeding of Case No. GR/467 of 2009 under Sections 498A/406/34 of the Indian Penal Code pending before the Court of the learned Additional Judicial Magistrate at Bidhannagar including the order dated 11.5.2017 in connection therewith.

(2.) The case is started on the basis of the written complaint addressed to the Officer-in-Charge by the opposite party no. 2 by registration of BDN (S) P.S. Case No. 133/2009 dated 13.8.2009 under Sections 498A/406/34 IPC against five accused persons who are the petitioners before this Court. The accused no. 1/Sanjay Siddhanta is the husband; the accused no. 2, father-in-law/Nikhil Kumar Siddhanta; accused no. 3/ Madhuri Siddhanta, mother-in-law; accused no. 4/Sovon Siddhanta, brother-in-law and accused no. 5/Enakshi Siddhanta, the sister-in-law. They were arrayed as accused for having subjected the de facto complainant/the opposite party no. 2 to mental and physical cruelty.

(3.) The report of the learned Additional CJM, Bidhannagar, North 24 Parganas has been submitted with regard to the status report in respect of G.R. Case No. 467 of 2009 being the case under reference. It reveals from its report dated 5.6.2018 that the accused Nikhil Kumar Siddhanta had expired 01.02.2010 and on the basis of such information the case was filed for ever in respect of accused person and the next date was fixed on 27.09.2010 for awaiting report from the Investigating Officer.