Ashok Kumar Murarka And Others v. State Of West Bengal And ANR
C.R.R.1098 of 2023 With CRAN 1 of 2023 D/L2 28.11.2023 Bpg.
In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973;
Ashok Kumar Murarka and others
Versus
The State of West Bengal and another Mr. Saikat Chatterjee Mr. Kunal Ganguly Mr. Abdur Rakib Mr. Puranjan Pal.
...for the petitioners.
Mr. Dhananjay Banerjee Mr. Biswajit Sarkar.
...for the private opposite party no.2.
Mr. Arijit Ganguly Mr. Avik Ghatak.
...for the State.
The present revisional application has been preferred challenging the proceedings arising out of Phoolbagan Police Station Case No.127 dated 12.09.2018 wherein the investigating agency on conclusion of investigation submitted charge-sheet under Sections 498A/377/34 of the Indian Penal Code.
During the pendency of the revisional application the parties entered into an amicable settlement and subsequent to the same, they expressed their intention before this Court not to pursue the proceedings arising out of Phoolbagan Police Station Case No.127 dated 12.09.2018.
A report was called for. Accordingly, learned advocate for the State has submitted a report which encloses the statement as well as communication made to the Officer-in-Charge, Phoolbagan Police Station. A specific question was asked by the Recording Officer wherein the opposite party has categorically stated that she wants to withdraw the Phoolbagan Police Station Case No.127 of 2018.
The report so submitted by the State be kept with the record.
As the case arose out of matrimonial discord and continuance of the same may give rise to further complexity and harassment of the parties, I am of the view that all further proceedings arising out of Phoolbagan Police Station Case No.127 dated 12.09.2018 including the charge-sheet filed therein which is pending before the learned ACJM, Sealdah is hereby quashed. Accordingly, CRR 1098 of 2023 along with CRAN 1 of 2023 is allowed.
Pending other connected applications, if any, 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 of all requisite formalities.
(Tirthankar Ghosh, J.)