Calcutta High CourtCRR/832/2009disposed

Santanu Mazumdar & ORS v. State Of West Bengal & ANR

2022-08-17Hon'Ble Justice Tirthankar Ghosh2 pages

17.08.2022

IN THE HIGH COURT AT CALCUTTA

Item No.12 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 832 of 2009 with CRAN 3 of 2010 (Old No. CRAN 2840 of 2010) Sri Santanu Mazumdar & Ors.

versus State of West Bengal & Anr.

In Re: An Application under Section 401 read with Section 482 of the Code of Criminal Procedure.

Mr. Sudipto Maitra, Sr. Adv., Mr. Ashok Das, Mr. Vijay Verma, Mr. Dwaipayan Biswas ... For the Petitioners.

Mr. Arijit Ganguly, Ms. Sujata Das ... For the State.

This revisional application was preferred challenging the proceedings relating to Durgapur Police Station Case No. 117 of 2007 dated 12.05.2007 under Sections 498A/406/34 of the Indian Penal Code corresponding to G.R. Case No. 348 of 2007 then pending before the learned Judicial Magistrate, 2nd Court, Durgapur.

Earlier by an order dated 03.08.2022, a report was called for from the Officer-in-Charge, Durgapur Police Station. The said report has been submitted through Ms. Sujata Das, learned advocate appearing for the State. Let the said report dated 16.08.2022 be kept on record. The report encloses the statement of opposite party no.2 and also a communication made by her to the Officer-inCharge, Durgapur Police Station. The contents of the said

statement which has been recorded as also the communication which has been made reflect that the lady has submitted that there was amicable settlement pursuant to which she is not interested to pursue the litigation. Having regard to the contentions made by the opposite party no.2, I am of the opinion that as the present case has been initiated for matrimonial discord, further continuation of the proceedings is unwarranted. Accordingly, all further proceedings against all the accused persons in connection with Durgapur Police Station Case No. 117 of 2007 dated 12.05.2007 under Sections 498A/406/34 of the Indian Penal Code corresponding to G.R. Case No. 348 of 2007 and the charge-sheet filed therein, if any, are hereby quashed. The revisional application being CRR 832 of 2009 is, thus, allowed.

All pending connected applications 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 with all requisite formalities.

(Tirthankar Ghosh, J.)