Amit Jha & ORS v. State Of West Bengal & ANR

23.08.2021 Item no.37 Ct. No.34 CHC C.R.R. No.485 of 2020 (Via Video Conference) In Re: An application under Section 482 of the Code of Criminal Procedure.

AND In the matter of:- Amit Jha & ors.

... petitioners Mrs. Juin Dutta Chakraborty ....for the petitioners Ms. Sukanya Bhattacharyya, Md. Kutubuddin ...for the State Ms. Sudha Koloti ...for the o.p-. no.2 Pursuant to the order dated 06.08.2021 passed by this Court, the Inspector-in-Charge, New Town Police Station has submitted a report after recording the statement of Preety Jha, who is the de facto complainant of New Town Police Station Case No.305 dated 09.06.2016 under Section 498A of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. Report along with the annexures submitted by the Inspectorin-Charge, New Town Police Station dated 18.08.2021 be kept with the record.

The statement reflects that the de facto complainant is not interested in pursuing the case as she has filed a divorce application on 31.05.2018 and was living separately since 7th of December, 2018. The statement of the said Preety Jha reflects that she is not interested in pursuing the case. In view of the aforesaid, I am of the considered opinion that further continuance of the proceedings, the genesis of which relates to a matrimonial dispute would be a futile exercise for further continuation.

Consequently, proceedings relating to New Town Police Station Case No. 305 of 2016 dated 09.06.2016 and all subsequent orders passed therein is hereby quashed. Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)