Dipankar Mitra v. Sharmistha Mitra (Nee Dutta)

C.R.R.1124 of 2022 D/L6 16.08.2023 Bpg.

In Re: An application under Article 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure; Dipankar Mitra

Versus

Sharmistha Mitra (Nee Dutta) Mr. Saibal Bapuli Mr. Arijit Ganguly Mr. Bibaswan Bhattacharya.

...for the State.

Report submitted by the concerned Officer-in-Charge of Barrackpore Police Commissionerate be kept with the record. The present revisional application was preferred challenging the continuance of Misc. Case No.15 of 2022 renumbered as Misc. Case No.24 of 2022 under Sections 12/13/19/20/22/23 of the PWDV Act, 2005 which was pending before the learned Judicial Magistrate, 1st Court, Barrackpore, North 24 Parganas.

Earlier, it was submitted on behalf of the petitioner that there has been an amicable settlement between the parties. As such, a report was called for. Today, the report has been submitted by Mr. Arijit Ganguly, learned advocate appearing for the State which has been prepared by the Inspector-in-Charge of Dum Dum Police Station. The report is enclosed with statement and declaration which reflect that there has been amicable settlement between the parties and the opposite party, namely, Sharmistha Mitra (Nee Dutta) do not intend to proceed with the case.

Accordingly, further proceedings of Misc. Case No.15 of 2022 renumbered as Misc. Case No.24 of 2022 pending before the learned Judicial Magistrate, 1st Court, Barrackpore, North 24 Parganas under the relevant provisions of PWDV Act be quashed. Thus, CRR 1124 of 2022 is allowed.

Pending application, if any, is 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.)