Mitranjan Bhaduri And ORS v. State Of West Bengal And ANR

C.R.R. 1030 of 2023 With CRAN 1 of 2023 D/L9 08.06.2023 Bpg.

Mitranjan Bhaduri and others

Versus

The State of West Bengal and another Mr. Abhishek Shaw.

...for the petitioners.

Mr. Saswata Gopal Mukherjee, Ld. P.P., Mr. Imran Ali, Ms. Debjani Sahu.

...for the State.

Mr. Apalak Basu, Mr. Swastik Samaddar.

...for the opposite party no.2.

A joint compromise application has been preferred at the instance of the de facto complainant as well as the accused persons. Pursuant to such an application being preferred, a report was called for which is submitted before this Court today by Ms. Debjani Sahu, learned advocate appearing for the State. The report has been prepared by the Officer-in-Charge, New Market Police Station which encloses the statement of the de facto complainant, namely, Ms. Pritha Moulik along with the communication made by her to the Officer-in-Charge of New Market Police Station. The contents of the statement as well as the communication reflects that she is not interested in pursuing the criminal case as also she has no objection if the proceedings arising out of New Market Police Station Case No.502 dated 26.09.2023 under Sections 498A/406/34 of the Indian Penal Code and Sections

3 and 4 of the Dowry Prohibition Act is quashed. Let the report be kept with the record.

Having considered that the dispute and difference arose out of matrimonial discord and the parties are not interested in pursuing the present case, I am of the opinion that further continuance of the proceedings would result in miscarriage of justice.

Accordingly, all further proceedings of G.R. No.3683 of 2013 arising out of New Market Police Station Case No.502 dated 26.09.2023 under Sections 498A/406/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act pending before the learned Metropolitan Magistrate, 6th Court, Calcutta is hereby quashed.

Consequently, CRR 1030 of 2023 along with CRAN 1 of 2023 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.)