Abhijit Dey And ORS v. State Of West Bengal And ANR

21.04. 2022 item No.21 n.b.

ct. no. 34 CRR 310 of 2022 + IA No. CRAN 1 of 2022 Abhijit Dey & Ors.

Vs.

State of West Bengal & Anr.

Mr. Shibaji Kumar Das, Ms. Rupsa Sreemani .....for the Petitioners Mr. S.G. Mukherjee, P.P., Mr. Imran Ali, Ms. Debjani Sahu, .....for the State Ms. Deblina Lahiri, Ms. Moumita Sharma, .... For the opposite party no.2 Report submitted by the Officer in Charge New Town Police Station be kept with the record.

The report reflects that the de facto complainant has expressed her intent not to pursue the aforesaid case being New Town Police Station Case No.325 of 2018 dated July 27, 2018 under Sections 498A/323/34 of the Indian Penal Code. Mr. Ali, learned advocate appearing for the State has submitted that the de facto complainant was in possession of Stridhan articles, in view of the statement, which is reflected in the Case Diary. The report is enclosed along with a declaration which is communication made to the Officer in Charge of New Town Police

Station and further statement recorded by the officer who has submitted report before this Court.

Having regard to the change of circumstances and the fact that the dispute between the parties has already been resolved by way of mutual divorce, I am of the opinion that under the changed circumstances, further continuance of the New Two Police Station Case No.325 of 2018, wherein charge sheet was submitted under Sections 498A/323/34 of the Indian Penal Code do not seem to be justified, accordingly, the said proceedings are quashed. Consequently, CRR 310 of 2022 along with joint compromise petition being CRAN 1 of 2022 is hereby allowed. All pending connected applications, if any, are consequently disposed of.

Interim order, if any, is hereby made absolute. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Tirthankar Ghosh, J.)