Nitin Lakhotia And ORS v. State Of West Bengal And ANR

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri IA No.:CRAN/1/2022 in CRR 1219 of 2022 Nitin Lakhotia & Ors.

Vs.

State of West Bengal & Anr.

For the petitioner :

Mr. Pawan Kumar Gupta, Mr. Manish Shukla, Ms. Sofia Nesar, Mr. Santanu Sett, Mr. M. M. Verma, Ms. Punam Verma, Mr. Abhishek Verma.

For the State :

Mr. S. G. Mukherjee, Ld.P.P., Ms. Faria Hossain, Mr. Anand Keshari.

Judgement on :

23.03.2023.

Bibek Chaudhuri, J.

The application for recording amicable settlement of the criminal proceeding being Bidhannagar Women Police Station Case No. 35/2018 dated 5th September, 2018 under Sections 498A/406/307 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act pending before the learned Additional Chief Judicial Magistrate at

Bidhannagar is taken up for hearing in presence of the learned Advocates for the petitioners and the private opposite party as well as the learned Public Prosecutor-in-Charge. On last occasion the learned Public Prosecutor-in-Charge was requested to direct the Officer-inCharge of Bidhannagar Women Police Station to obtain a report from the de facto complainant as to whether the case instituted by her has been amicably settled or not. The concerned Police Officer has obtained a report of the de facto complainant where she stated that she does not want to proceed with the case in view of the fact that the dispute between the parties has been settled out of Court. In view of such circumstances, the instant application is accepted. As the dispute has been amicably settled, continuation of the matrimonial proceeding will be a fruitless exercise. For the reasons Bidhannagar Women Police Station Case No. 35/2018 dated 5th September, 2018 be quashed.

In view of the order passed by this Court, the learned Additional Chief Judicial Magistrate at Bidhannagar is directed to pass necessary order in accordance with law discharging/acquitting the accused persons.

The report be kept with the record.

(Bibek Chaudhuri, J.) Srimanta, A.R.(Ct.) Item No. 03.