Soumitra Ghsoh v. Prativa Ghsoh & ANR.

08.09.2021 Sl. No. 50 Srimanta Ct. No. - 34 D/L CRR/1837/2012 (Via Video Conference) In Re : An application under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the proceeding pending before the Additional Chief Judicial Magistrate, Baruipur, South 24-Parganas in Case No. C 1596 of 2010 under Sections 498A/406/34 of the Indian Penal Code. In the matter of : Sri Soumitra Ghosh.

... petitioner.

The present revisional application was preferred challenging the proceedings arising out of a complaint case no. C 1596 of 2010 under Sections 498A/406/34 of the Indian Penal Code pending before the Learned Additional Chief Judicial Magistrate, Baruipur, South 24-Parganas. The contents of the revisional application reflects that the petitioner prayed for discharge on several grounds including compromise being effected. Having regard to the fact that none appears either for the petitioner or the opposite party, I am of the view that such facts cannot be appreciated at this stage.

However, the Learned Magistrate would be at liberty consider the issue, if such an application is preferred before him in due course of trial, provided the same has not been concluded till date. For the present, no interference is called for.

Accordingly, C.R.R. 1837 of 2012 is dismissed. Pending application, if any, is consequently disposed of. Interim order, if any, be hereby vacated.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Tirthankar Ghosh, J.)