Subhashis Roy v. State Of West Bengal And ANR

14.03.2023 Sl. No.04.

D/L.

Mithun.

Ct.No.42.

IA No: CRAN/3/2023 In CRR/36/2022 Subhashis Roy & Ors.

Vs.

The State of West Bengal & Anr.

Mr. Prosenjit Biswas, Adv.

Mr. Sujoy Sarkar, Adv.

Mr. Rahul Chachan, Adv.

Sk. Qaareeb, Adv.

...for the petitioners.

Mr. S.S.Imam, Adv, Mr. S.Kundu, Adv.

...for the State.

The instant revision is for quashing of Malda English Bazar Women Police Station FIR No.178 of 2021 corresponding to GR Case No.5041 of 2021 pending before the learned Chief Judicial Magistrate, Malda under Sections 498A/308/34 of the Indian Penal Code filed by the opposite party No.2 against the petitioners. During pendency of the instant revision, parties have filed a joint petition for compromise stating, inter alia, that the matter has been settled out of Court and there is no dispute between the parties. The de-facto complainant, therefore, wants not to proceed with the aforesaid case on the ground of amicable settlement. On the last occasion, the Officer-in-Charge of English Bazar Police Station were directed by this Court to interrogate the defacto complainant about the veracity of the application for jointly

filed by the parties. It is found from the statement of the de-facto complainant that she and her husband, petitioner No.1 herein, have been staying together as husband and wife and leading a happy and peaceful conjugal life.

In view of such circumstances, this Court does not find any reason as to why G.R. Case No.5041 of 2021 shall not be quashed. Accordingly, G.R. Case No.5041 of 2021 be quashed. In view of the above order, the learned Chief Judicial Magistrate, Malda is directed to discharge the accused persons/petitioners.

The report filed by the Officer-in-Charge of English Bazar Police Station be kept with the record.

( Bibek Chaudhuri, J. )