Sudip Nandi v. Rinka Ghosh Nandi And ANR.

C.R.R.619 of 2024 With CRAN 1 of 2024 D/L15 12.03.2024 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure;

Sudip Nandi

Versus

Rinka Ghosh Nandi and another Mr. Devajyoti Barman.

...for the petitioner.

Ms. Sanjukta Basu Mallick.

...for the opposite party no.1.

Mr. Debasish Roy, Ld. P.P.

Ms. Rituparna De Ghose.

...for the State.

Report submitted by the State be kept with the record. The said report encloses the statement as well as the declaration of one Rinka Ghosh Nandi who happens to be the opposite party no.2/ de facto complainant in connection with Bhatar Police Station Case No.274 of 2023 dated 24.07.2023.

The statement as well as the declaration reflects that the opposite party no.2 is not interested to pursue with the present criminal case which was registered with Bhatar Police Station. So far as the allegations relating to Section 307 of the Indian Penal Code, learned Public Prosecutor has pointed out that the allegations are restricted to smothering and neither grievous injury or there was any threat to life.

Having considered the submissions of the parties, the

report so submitted enclosing the statement and the declaration, I am of the view that further continuance of the proceedings in the changed circumstances where there has been an amicable settlement is unwarranted. Thus, all further proceedings of Bhatar Police Station Case No.274 of 2023 dated 24.07.2023 under Sections 498A/307 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act including the charge-sheet submitted therein is hereby quashed.

Consequently, CRR 619 of 2024 along with CRAN 1 of 2024 is allowed.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)