- (1.) Eight petitioners namely Kazi Abu Tasim @ kazi Abu Tamim, Kazi baktiar Ahmed, Naima Begum, Kazi Naim, Kazi Nakim, Kazi moin, Basira Begum and Romisha Begum jointly have filed this application under Section 482 of the Code of Criminal Procedure, 1973 against the State of West Bengal and Hafiza Begum as respondent nos. 1 and 2 respectively for quashing of proceedings being T.R. No. 11/2014 arising out of G.R. No. 10.08.12 in connection with Jangipara Police Station Case No. 90/12 dated 10.07.2012 under Sections 498A/323/379/34 of the Indian Penal Code pending in the 2nd Court of learned Judicial Magistrate, Serampore, District Hooghly.
(2.) Petitioners have alleged that the respondent no. 2 has lodged a false FIR through the Court of learned Additional Chief Judicial Magistrate, Serampore under Section 156 (3) of the Code of Criminal Procedure against them alleging torture and assault with further allegation of snatching her gold necklace. Respondent no. 2 is wife of petitioner no. 1. Police submitted charge-sheet being No. 104/12 dated 30.08.2012 under Section 498 A of the Indian Penal Code against the petitioners. The petitioners are on bail. The case has been transferred to the 2nd Court of Judicial Magistrate, Serampore and that case is pending in the transferee Court. At present the petitioner no. 1 and respondent no. 2 have been living together and other petitioners have been living in separate mess. Despite such change the proceeding is being continued which is required to be quashed. Said proceeding is harassing to the petitioners falsely and liable to be quashed.
(3.) At the time of hearing no one appeared for the respondents.;