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Calcutta High CourtCRR/2147/2023disposed

Anulekha Sahu @ Anulekha Sahoo And Others v. State Of West Bengal And ANR

2023-11-28Hon'Ble Justice Tirthankar Ghosh3 pages

C.R.R.2147 of 2023 With CRAN 1 of 2023 D/L3 28.11.2023 Bpg.

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

Anulekha Sahu @ Anulekha Sahoo and others

Versus

State of West Bengal and another Mr. Kunal Ganguly Mr. Aslam Parvez.

...for the petitioners.

Ms. Diksha Ghosh Mr. Saptarshi Chakraborty.

...for the opposite party no.2.

Mr. Debasish Roy, Ld. P.P.

Mr. Anwar Hossain Ms. Ratna Ghosh.

...for the State.

The present revisional application was preferred challenging the continuance of Nadanghat Police Station Case No.358 of 2022 dated 05.09.2022 which was registered for investigation under Sections 341/325/307/354B/379/427/34 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 which was pending before the learned Judge, First Special Court, Burdwan. Records reflect that along with the present case there was another case being Khatra Women Police Station Case No.09/21 dated 28.08.2021 under Sections 498A/325/506/307 of the Indian Penal Code and Sections 3 and 4 Dowry Prohibition Act.

There was a matrimonial relationship between the parties. Having considered the fact that the parties have entered into an amicable settlement and a report to that effect was submitted with statement of the de facto complainant being enclosed, I am of the view that further continuance of the proceedings may result in harassment of the parties. Accordingly, all further proceedings arising out of Nadanghat Police Station Case No.358 of 2022 dated 05.09.2022 along with charge-sheet submitted therein under Sections 448/323/325/354/506/34 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 which is pending before the learned Judge, First Special Court, Burdwan is hereby quashed. Report so submitted by the State be kept with the record. Accordingly, CRR 2147 of 2023 along with CRAN 1 of 2023 is allowed.

Pending other connected applications, if any, 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.)