Amit Biswas And ORS v. State Of West Bengal And ANR

C.R.R.701 of 2021 With CRAN 1 of 2021 With CRAN 2 of 2021 With CRAN 3 of 2021 With CRAN 4 of 2022 D/L47 08.02.2023 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Amit Biswas and others

Versus

State of West Bengal and another Mr. Somopiyo Chowdhury, Mr. Dipayan Dan.

...for the petitioners.

Mr. Saswata Gopal Mukherjee, Ld.P.P., Ms. Zareen N. Khan, Ms. Sreeparna Das.

...for the State.

Report submitted by the police officer attached to Tollygunge Police Station dated 7th February, 2023 be kept with the record.

Report reflects that the complainant, namely, Deblina Biswas (Saha) do not intend to proceed with Tollygunge Police Station Case No.238 of 2019 dated 18.11.2019. To that effect, she has also affirmed an affidavit stating that the marriage has been dissolved and the dispute settled amicably, as such, she do not intend to proceed with the present criminal case. Having considered the changed circumstances and the

fact that the case arose out of matrimonial dispute which has been amicably settled between the parties, I am of the opinion that further continuance of the proceedings arising out of Tollygunge Police Station Case No.238 of 2019 dated 18.11.2019 and the charge-sheet submitted therein would be an abuse of the process of the court and is hereby quashed.

Accordingly, CRR 701 of 2021 is allowed.

Pending applications, if any, are consequently disposed of.

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.)