SHIBANI SARDAR NEE PRADHAN @ SHIBANI SARDER Vs. STATE OF WEST BENGAL & ANR
LAWS(CAL)-2018-9-41
HIGH COURT OF CALCUTTA
Decided on September 11,2018

Shibani Sardar Nee Pradhan @ Shibani Sarder Appellant
VERSUS
State Of West Bengal And Anr Respondents

JUDGEMENT

Asha Arora, J. - (1.) The petitioner has approached this Court for quashing of the proceeding being ACGR 1150 of 2015 arising out of Haridebpur Police Station Case No. 90 dated 25.02.2015 under Section 498A/34 of the IPC and the subsequent charge-sheet No. 81 dated 14.03.2015 under Section 498A/34 of the IPC pending before the learned Additional Chief Judicial Magistrate, Alipore.
(2.) The petitioner herein is the sister-in-law of the defacto complainant/opposite party no. 2.
(3.) Learned counsel for the petitioner submits that neither the FIR nor the statement of witnesses recorded under Section 161 of the Code of Criminal Procedure make out an offence under Section 498A of the IPC. The ingredients of the offence under Section 498A of the IPC are wanting and the case has been filed with a view to harass the petitioner. Further submission is that the FIR does not refer to any specific overt act of the petitioner.;


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