Malay Mukherjee And Others v. State Of West Bengal And ANR

15.12.2023 Serial no. 3 [G.S.D] CRR 1093 of 2023 With CRAN 1 of 2023 In the matter of : Malay Mukherjee & Ors.

... ... Petitioner Mr. Soumik Ganguli Mr. D. Bandhu ... for the Petitioner Mr. Supriyo Shasmal ... for the O.P. No.2 Mr. Arijit Ganguly ... for the State Leave is granted to ld. advocate for the petitioner to make necessary correction in the cause title. Mr. Ganguly, ld. advocate for the State, has submitted a report prepared by the officer-in-charge of Bankura Women P.S. in connection with Bankura Women P.S. Case No. 77 of 2019. Let the same be kept with the record.

The report encloses the statement of one, Suparna Mukherjee as well as her communication to the officer in charge of Bankura Women P.S. The said Suparna Mukherjee happens to be the defacto-complainant of Bankura Women P.S. Case No. 77/2019 dated 14.10.2019 under Sections

498A/323/506/34 of the IPC read with Sections 3&4 of the D.P. Act.

The case is presently pending before the ld. JM, 3rd Court, Bankura. The statement reflects that the o.p.no.2/defacto-complainant is staying at her matrimonial home along with the petitioners and, as such, the disputes and differences have been resolved. The O.P. no.2/ defactocomplainant has also expressed her intention to withdraw the proceedings.

Having considered that the proceedings arising out of the matrimonial dispute and discord, I am of the view that further continuation of the proceedings would result in harassment of the parties after amicable settlement. Accordingly, all further proceedings of Bankura Women P.S. Case No. 77 dated 14.10.2019 including the charge-sheet filed therein under sections 498A/323/506/34 of the IPC read with sections 3 & 4 of the D.P. Act, which is pending before the ld. JM, 3rd Court, Bankura, is hereby quashed.

Accordingly, CRR 1093 of 2023 along with CRAN 1 of 2023 is allowed.

Pending application, is any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)