MADHABI KUMARI ALIAS MADHAVI KUMARI JHA v. STATE OF WEST BENGAL AND ANR
CRR/2425/2026 · 2026-07-10
Ajoy Kumar Mukherjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 27441 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 27441 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
10.07.2026 Serial nos. 18 [Srimanta] Ct. No. - 29
CRR 2425 of 2026
MADHABI KUMARI @ MADHAVI KUMARI JHA -VS- STATE OF WEST BENGAL & ANR.
Mr. Giasul Islam, Advocate
… … For the Petitioner. Mr. Kallol Mondal, Ld. P.P., Mr. Imran Siddiqui, Advocate ……For the State. Mr. Kanchan Roy, Ms. Busra Khatun, Advocates ……For the Opposite Party No. 2.
1. Affidavit-of-service filed by the petitioner is taken on record.
2. In this application, petitioner/wife/de facto complainant has prayed for quashment of the proceeding being Rabindra Sarabor Police Station Case No. 62/2026 dated 21.05.2026 under Sections 115(2)/126(2)/303(2) of Bharatiya Nyaya Sanhita, 2023 corresponding to CGR Case No. 1547/2026 presently pending before learned Chief Judicial Magistrate, Alipore.
3. Learned Counsel for the petitioner submits that on 20.05.2026 the petitioner went to the Rabindra Sarabor Police Station only to lodge a General Diary over an incident which took place on 11:00 A.M. when the petitioner’s father Premkant Jha visited her matrimonial home at the request of the petitioner. However, the Investigating Officer without petitioner’s consent and in violation of her instruction registered FIR being aforesaid Rabindra Sarabor
2 Police Station Case No. 62/2026 which, according to petitioner, does not reflect the true state of affairs. Petitioner does not wish to prosecute the said criminal case against her husband. The registration and continuation of the FIR is a clear abuse of the process of law and has been done without her consent. Therefore, the petitioner seeks quashing of the impugned FIR.
4. Learned Counsel appearing on behalf of the opposite party no. 2 and the State submits, when the de facto complainant herself does not want to proceed with the said criminal proceeding then they do not want to stand in her way and as such the prayer made by the petitioner may be considered favourably.
5. Having heard learned Counsel for the petitioner and the opposite party no. 2, I find that further continuance of the impugned proceeding shall be mere abuse of the process of the Court.
6. In view of above, CRR/2425/2026 is allowed.
7. The impugned proceeding being Rabindra Sarabor Police Station Case No. 62/2026 dated 20.05.2026 under Sections 115(2)/126(2)/303(2) of BNS, 2023 be hereby quashed.
(Dr. Ajoy Kumar Mukherjee, J.)