RUMA KAR ALIAS DEY Vs. KAJAL KUMAR DEY

JUDGEMENT

(1.) BY this petition filed under Section 482 read with Section 397 of the Code of Criminal Procedure, 1973, the petitioner prays for quashing of the complaint Case No.389C/2008 along with the orders dated 31.10.2009 and 04.08.2011 as passed therein.

(2.) LEARNED counsel Ms. P. Talukdar, appearing for the petitioners submits at the outset that the complaint has been filed to abuse the process of law inasmuch as there is similar complaint containing identical allegation was filed by the respondent being Complaint Case No.358C/2007 as pending in the court of the learned Judicial Magistrate, Dibrugarh, under Sections 418,420/406/506/294 of IPC. LEARNED counsel for the petitioners, drawing my attention to the allegations as levelled against the petitioners in the said complaint, submits that the respondent herein is the husband of the petitioner No.1, for his matrimonial misconduct, she was compelled to live separately at her parental house. The allegations in a nutshell against the petitioner No.1 in the said complaint case No.389C/2008 may be enumerated as under :

(3.) ON the basis of such statements and the complaint, by order dated 31.10.2009, the learned Judicial Magistrate 1st Class, Dibrugarh, taken cognizance under Section 506 of IPC against the petitioner No.1 and his father Sri Ranjit Kr. Kar and accordingly issued summons against them. Later on, by the order dated 04.08.2011, non-bailable warrant of arrest was issued against the petitioner Nos. 1 to 3. No cognizance was taken against the petitioner No.4 namely, Sri Rajib Kar.