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Calcutta High CourtRVW/114/2023disposed

Shanaaz Begum@ Shahnaz Begum v. The State Of West Bengal And ORS.

2023-08-04Hon'Ble Justice Rajasekhar Mantha3 pages

04.08.2023.

Item No. 13.

Court No. 13 ap R.V.W. No. 114 of 2023 With I.A. No. CAN 1 of 2023 In W.P.A. No. 26157 of 2022 Shahnaaz Begum @ Shahnaz Begum

Versus

The State of West Bengal & Ors.

Mr. Partha Sarathi Bhattacharya, ld. Sr. Adv. Mr. Usof Ali Dewan, Mr. Asif Dewan.

...For the applicant.

Mr. Amitesh Banerjee, ld. Sr. Standing Counsel, Ms. Ipsita Banerjee, Mr. Suddhadev Adak.

...For the State.

Mr. Soumik Ganguly, Ms. Shaila Afrin, Mr. Rafat Jahan, Mr. Sayan Ray.

...For the respondent no.6.

1. Mr. Partha Sarathi Bhattacharya, learned Senior Advocate appearing for the applicant/mother-in-law has handed over a cashier's cheque drawn on Standard Chartered Bank, Shakespeare Sarani Branch for a sum of Rs.9,00,000/- (Rupees nine lakhs only) in favour of the daughter-in-law, namely, Shama Afreen. The said cheque is dated 4th August, 2023 bearing No. 186119.

2. In view of the above and as per the submissions of the learned Advocate for Shama Afreen, possession of the flat at 24/1, Shariff Lane, 3rd Floor, Kolkata - 700 016 shall be handed over by Shama Afreen to the

learned Advocate-on-record for the writ petitioner today at about 7:00 P.M. at the premises itself.

3. In view of amicable resolution of all the disputes and the differences between the parties, the following proceedings shall stand quashed and set aside: (a) Park Street P.S. Case No. 134 dated 13.07.2019 under Sections 498A/406/506/354/509/34 of the Indian Penal Code and Section 4 of the D.P. Act added Section 377/511/354C I.P.C.

(b) Park Street P.S. Case No. 125 dated 06.07.2019 under Sections 324/114 of the Indian Penal Code. (c) Misc. Case No. 167 of 2019 (T.R.No. 915/2020) under D.V. Act.

(d) Two execution cases being E.C. No. 32 of 2021 and E.C. No. 32 of 2022 in connection with Misc. Case No. 167 of 2019.

(e) Hare Street P.S. Case No. 26 of 2023 dated 06.03.2023 under Sections 341/323/354/506/509/114//34 of the Indian Penal Code.

(f) Park Street P.S. Case No. 122 dated 04.07.2019. (g) Karaya P.S. Case No. 134 dated 24.05.2022.

(h) C/2848 of 2022.

4. The writ petitioner undertakes before this Court to withdraw C.R.R. No. 2118 of 2021 and W.P.A. No. 9964 of 2022.

5. Mrs. Shama Afreen, who is present in Court, agrees to sign on a Khula (Mutual Divorce) document in presence of their Advocates in course of the day.

6. This Court records appreciation for the Lawyers from all the sides in facilitating amicable resolution of the disputes and differences between the parties.

7. With the aforesaid observations, the instant review petition shall stand disposed of.

8. In view of disposal of the main review application, the connected application being CAN 1 of 2023 shall also stand disposed of.

9. There will be no order as to costs.

10.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)