TARUN KUMAR GUPTA, J. - (1.) THE petitioners have filed this application under Section 482 of the Criminal Procedure Code, 1973 (hereinafter to be referred as the Code) praying for quashing the proceedings of G. R. Case No.704 of 2012 under Section 498A of the Indian Penal Code pending in the court of learned Additional Chief Judicial Magistrate, Bidhannagar, North 24 Parganas.
(2.) IT is the case of the petitioners that O. P. No.2 Indrani Majumder being wife of Nabarun Chakraborty lodged a false complaint against her husband and other in-laws alleging cruelty upon and misbehaviour with her. Present petitioners are married sister-in-law (husband 's sister) and her husband. The petitioners served notice upon O. P. No.1 State as well as upon O. P. No.2 complainant. However, in spite of notice none appeared to represent O. P. No.2 defacto complainant Indrani Majumder. Debasish Roy appearing for the petitioners submits that the present petitioners being married sister-in-law and her husband were falsely implicated in said criminal case. According to him, present petitioners did not reside in the matrimonial home of the defacto complainant but they were tagged in the complaint just being relations of her husband. He further submits that the allegations made in the complaint did not disclose commission of any offence under Section 498 A I. P. C. by the present petitioners. According to him, further continuation of this criminal proceeding against the present petitioners will amount to be an abuse of process of the court and hence the same should be quashed.
(3.) IN support of his contention he has referred case laws reported in 2005 SCC (Cri) 735 (Ramesh and others vs. State of T. N.), (2010) 3 SCC (Cri) 473 (Preeti Gupta and another vs. State of Jharkhand and another), (2010) 2 C Cr. LR (SC) 75 (Bhaskar Lal Sharma and Another vs. Monica) and (2013) 1 SCC (Cri) 120 (Geeta Mehrotra and another vs. State of Uttar Pradesh and another).;