Vivekanand Shaw And Others v. State Of West Bengal And ANR

19.09.2023 Serial no. 3 [G.S.D] CRR 182 of 2023 With CRAN 1 of 2023 In the matter of : Vivekanand Shaw & ors.

... ... Petitioners Mr. Usof Ali Dewan Mr. Asif Dewan ... for the petitioners Mr. P. K. Gupta Mr. V. Verma ... For the O.P. No.2 Mr. S. G. Mukherjee Mr. Imran Ali Ms. Debjani Sahu ... for the State Pursuant to the earlier order dated 4.8.2023 in connection with M. P. Ghora P.S. Case No. 203 of 2022 dated 4.12.2022 under Sections 341/323/325/354/506/34 of the IPC, a report was called for.

Subsequently, a report has been submitted by the inspector-in-charge of M.P. Ghora P.S. The said report is enclosed with the statement as well as a declaration of one Sunita Devi Shaw.

I have considered the statement as well as the declaration. I find that the complainant/victim has already stated that she is unwilling to proceed with the case and has mutually settled the disputes.

Having considered the nature of the offence complained of and the offence being Magistrate triable, I am of the view that as the parties have settled the disputes between themselves and parties happen to be relations, further continuation of the proceedings may result in harassment of the present petitioners as well as break up in the relationship, which has finally amicably been settled. Consequently, all further proceedings arising out of M.P. Ghora P.S. Case No. 203 of 2022 dated 4.12.2022 including the charge-sheet therein which is pending before the ld. CJM, Horwah, is hereby quashed.

With the aforesaid observations, CRR 182 of 2023 along with CRAN 1 of 2023 is allowed.

Pending application, if any, is also disposed of. Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

(Tirthankar Ghosh, J.)