Mrs Alpana Khan And ANR v. State Of West Bengal And ANR

C.R.R. No.1064 of 2021 With CRAN 1 of 2021 D/L18 01.03.2023 Bpg.

In Re: A petition under Section 482 of the Code of Criminal Procedure, 1973;

Mrs. Alpana Khan and another

Versus

State of West Bengal and another Mr. Ayan Bhattacherjee, Mr. Satadru Lahiri, Mr. Syed Wasim Faruqui, Mr. Dipendra Nath Chunder.

...for the petitioners.

Mr. Sourav Mondal.

...for the opposite party no.2.

Mr. Swapan Banerjee, Mr. Suman De.

...for the State.

Report submitted by Mr. Banerjee, learned advocate appearing for the State be kept with the record. Report also contains a statement recorded by the Inspector of Police associated with Kulti Police Station. Report reflects that the complainant do not intend to pursue with the present case being Kulti Police Station Case No.340 of dated 10.12.2014 under Sections 498A/323/325/34 of the Indian Penal Code wherein charge-sheet was submitted by the Investigating Agency on conclusion of investigation.

Having considered the statement and the declaration filed by the complainant/opposite party no.2 and the fact that the

present case arose out of a matrimonial discord, I am of the opinion that further continuance of the proceedings relating to Kulti Police Station Case No.340 of 2014 dated 10.12.2014 as also the chargesheet filed therein is unwarranted. Accordingly, G.R. Case No.3045 of 2014 pending before the learned Chief Judicial Magistrate, Asansol, Paschim Bardhaman (corresponding to Kulti Police Station Case No.340 of 2014 dated 10.12.2014) is hereby quashed.

Thus, CRR 1064 of 2021 along with CRAN 1 of 2021 is hereby allowed.

Pending 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.)