Waquar Nasim And Others v. State Of West Bengal And ANR

19.03.2024 Serial no. 2 [G.S.D] CRR 621 of 2024 With CRAN 1 of 2024 In the matter of : Waquar Nasim & Ors.

... ... Petitioners Ms. Minal Palana ... for the petitioners Ms. Aafreen Perveen ... for the O.p. no.2 Mr. Debasish Roy Mr. Koushik Kundu ... for the State Earlier, a report was called for from Lake Town Police Station and thereafter the report was submitted, which reflected that the parties i.e. the husband and the wife, who have been litigating in the court for matrimonial dispute and discord, decided to settle their disputes and filed an application before this court under section 482 of the cr.p.c. The report also reflected that, ASI, Prativa Sarkar of Lake Town P.S. recorded the statement of the lady namely, Hena Khatoon and also took a declaration from her. The contents of the declaration and the statement reflect that the husband and the wife are presently residing together.

Mr. Kundu, ld. Advocate for the State, submits that a video recording was done in respect of the statement of the o.p. no.2/Hena Khatoon, which has been reduced in the

form of a statement, wherein she has categorically stated that they are presently residing as husband and wife. On the other hand, the ld. Advocate appearing on behalf of the private opposite party i.e. the complainant/lady submits that they are residing separately and intends to proceed towards divorce.

There is a contradiction in the statement before the police authorities and the statement before this court. Accordingly, I am not inclined to interfere and grant remedies sought for.

Let the proceedings before the ld. Court below progress in accordance with law.

With the aforesaid observations, CRR 621 of 2024 along with CRAN 1 of 2024 is dismissed.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)