Calcutta High CourtCRR/2085/2023disposed

Kamalini Kundu Biswas v. State Of West Bengal And ANR

2023-07-13Hon'Ble Justice Tirthankar Ghosh3 pages

July 13, 2023 AD - 14 Ct. 34 SG CRR 2085 of 2023 with CRAN 1 of 2023 Kamalini Kundu Biswas -versus- The State of West Bengal and another Mr. Saurabh Guha Thakurata Ms. Nilanjana Sarkar Mr. Abhratanu Sarkar ... for the petitioner.

Mr. Arijit Ganguly Mr. Avik Ghatak ... for the State.

Ms. Manaswita Mukherjee Mr. Debaki Nandan Maiti Mr. Nishant Choudhury ... for the OP No2.

Petitioner has challenged the continuance of the proceedings arising out of New Market Police Station Case No.90 of 2022 dated 27.04.2022.

Subsequently a joint compromise application has been preferred at the instance of both the accused and the de facto complainant of the case being New Market Police Station Case No.90 of 2022 dated 27.04.2022.

A report was called for from the Officer-in-Charge of New Market Police Station.

Learned advocate for the State has submitted a report which encloses the statement of Arnab Basu, the de facto complainant of the case being New Market Police Station

Case No.90 of 2022 dated 27.04.2022 under Sections 341/323/379 of IPC wherein the de facto complainant has expressed his decision not to proceed with the instant case. Report so submitted by the State be kept with the record.

Having regard to the nature of the allegations, report so submitted and the examination made in the statement before the concerned recording officer, I am of the view that further continuance of the proceedings of New Market Police Station Case No.90 of 2022 dated 27.04.2022 are unwarranted because of the amicable settlement between the parties.

Accordingly, all further proceedings of New Market Police Station Case No.90 of 2022 dated 27.04.2022 including the charge-sheet submitted therein are hereby quashed.

CRR 2085 of 2023 along with CRAN 1 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. Urgent certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

( Tirthankar Ghosh, J. )