- (1.) PROCEEDING in Case No.7451 of 2013 pending before the learned Judicial Magistrate, 4th Court at Alipore, South 24 -Paraganas under Sections 323/341/504/34 of the Indian Penal Code has been assailed.
(2.) THE learned advocate of the petitioners submits that the impugned proceeding is a product of malice and vengeance instituted at the behest of the opposite party. It is submitted that Mr. Pravin Popat, the father of the petitioner no.1 and 2, had attempted to resolve a matrimonial dispute between opposite party and his estranged wife. Under such arrangement, a certain sum of money was handed over to the wife of the opposite party on the understanding that she would agree to divorce by mutual consent and withdraw the criminal case instituted by her against opposite party being Behala P.S. Case No.476 of 2011 dated 26.9.2011 under Sections 498A/406 of the Indian Penal Code. However, the wife of the opposite party for reasons best known to her did not withdraw the said criminal case. As a result, the opposite party bore a grudge against Pravin Popat and his family members viz., the petitioners herein. In retaliation, opposite party has unleashed a series of criminal cases against Pravin Popat. All such cases ended in closure reports. The particulars of the said cases are as follows: a) Behala P.S. Case No.491 dated 7.10.2011 correspnding to ACGR 1424 of 2011 against Pravin Popat which ended in a final report No.6 dated 1.2.2012; b) Behala P.S. Case No.90 dated 3.3.2012 which culminated in a final report No.88 dated 7.7.2012; c) Behala P.S. Case No.497 dated 2.11.2012 against Provin Papot which also ended in a final report No.11 dated 19.3.2013.
(3.) BEING unsuccessful in respect of the aforesaid proceedings initiated against the said Pravin Popat, father of petitioner Nos.1 and 2, the opposite party has presently lodged the impugned false and vexatious proceeding against the petitioners, who are his family members. It is further submitted that the allegations in the petition of complaint are patently absurd and inherently improbable and even the womenfolk of the family have not been spared. Learned counsel for the opposite party submitted that the allegations in the petition of complaint disclose the essential ingredients of the alleged offences. He further submitted that the opposite party was assaulted by the petitioners and medically treated. Hence, no interference with the proceeding is called for at the initial stage.;