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Calcutta High CourtCRR/1758/2023disposed

Sourav Paik And Another v. State Of West Bengal And ANR

2023-07-19Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.1758 of 2023 With CRAN 1 of 2023 D/L39 19.07.2023 Bpg.

In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973;

Sourav Paik and another

Versus

State of West Bengal and another Mr. Shibaji Kumar Das Ms. Rupsa Sreemani.

...for the petitioners.

Mr. Arijit Ganguly Mr. Koushik Kundu.

...for the State.

Mr. Kamalesh Jha Ms. Srabani Biswas.

...for the opposite party no.2.

Report submitted by Mr. Koushik Kundu, learned advocate appearing for the State be kept with the record. The report is enclosed along with the statement and the declaration of one Isha Dey. The statement, declaration and the report reflect that the lady, who initiated the proceeding being Watgunge Police Station Case No.12 of 2020 dated 24.11.2020 under Sections 498A/34 of the Indian Penal Code, is not interested to pursue the criminal case as there has been an amicable settlement.

Having considered that the genesis of the case, is on the basis of a matrimonial discord, I am of the opinion that the parties having settled their disputes will not enure any further benefit for

the criminal prosecution to continue.

Accordingly, all further proceedings out of Watgunge Police Station Case No.12 of 2020 dated 24.11.2020 under Sections 498A/34 of the Indian Penal Code including the charge-sheet filed therein pending before the learned CJM, Alipore is hereby quashed. Consequently, the revisional application being CRR 1758 of 2023 along with CRAN 1 of 2023 is allowed. Pending any other applications 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.)