SUNIL BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The court is approached under Section 482 of the Cr.P.C. to quash the impugned First Information Report, lodged at Kalighat Police Station being Case No.94 of 2020 giving rise to proceedings, registered as CGR Case No.2304 of 2020.

(2.) Learned Advocate Mr. Samrat Chowdhury representing the petitioner challenged the First Information Report, now pending investigation, alleging the pending criminal prosecution to be a counter productive of a matrimonial suit already lodged against the de facto complainant and thus purposive one and harassive also. Further contention was raised by Mr. Chowdhury submitting that the petitioner proposing quashment was not the principal accused, and no offence could be said to have been committed furnishing the ingredients of the offence, complained of against the instant petitioner. More so, the de facto complainant got himself previously married on the date of marriage, shown in the complaint. Taking such grounds, petitioner proposed for quashment of the F.I.R. pending investigation.

(3.) Learned Advocate Mr. Rana Mukherjee representing the State submitted that the petitioner was one of the perpetrators to a deep rooted conspiracy, and in consequence thereof petitioner with other co-accused persons duped de facto complainant thereby inducing the de facto complainant to get one lady married, upon making false presentation of that lady to be a divorcee one, after forging a Court document, granting mutual divorce to a woman, other than the lady, with whom the de facto complainant was made to marry. After making reliance upon the presentation held in course of negotiation for marriage by the petitioner with other co-accused persons, subsequent to an advertisement published in a daily Bengali newspaper, de facto complainant fell a victim of cheating.