Calcutta High CourtCRR/1915/2023disposed

Soumya Saha And Others v. State Of West Bengal And ANR

2023-06-19Hon'Ble Justice Tirthankar Ghosh2 pages

19.06.2023 ss C.R.R. 1915 of 2023 Dr. Soumya Saha & Ors.

Vs.

The State of West Bengal & Anr.

Mr. Manjit Singh Mr. Gaganjyot Singh Mr. B. Mal Mr. A. Bagal ... ... for the petitioners Mr. Saswata Gopal Mukherji, PP Ms. Faria Hossain Ms. Mamata Jana ... ... for the State Mr. Tapas Kr. Ghosh Mr. Tanmay Chowdhury ... ... for the opposite party no.2 Pursuant to the earlier order dated 6th June, 2023 a report has been submitted by Inspector-in-Charge, Chinsurah Police Station which encloses a communication by Debalina Das, complainant and a statement recorded by lady Sub-Inspector of the said Police Station.

The tenor of the report, statements and communication reflects that the de facto complainant Debalina Das is not interested to pursue with further proceedings of Chinsurah Police Station Case No. 71 of 2015.

Record reflects that Chinsurah Police Station Case No. 71 of 2015 dated 13.02.2015 under sections 498A/406/323/34 of the Indian Penal Code was registered because of dispute and differences arising out of matrimonial discord under sections 498A/406/323/34.

Having regard to the report, statements and communication made to the officer and the fact that there has been amicable settlement between the parties and photostat copy of the

Memorandum of Agreement being enclosed with the revisional application, I am of the opinion further continuation of the present proceedings would result in miscarriage of justice. Accordingly, all further proceedings arising out of Chinsurah Police Station Case No. 71 of 2015 dated 13.02.2015 under sections 498A/406/323/34 of the Indian Penal Code including the GR Case No.326 of 2015 and the charge-sheet filed therein which is presently pending before the learned Additional Chief Judicial Magistrate, 1st Class, Chinsurah is hereby quashed. Accordingly, CRR 1915 of 2023 is allowed.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)