Bapi Biswas & ANR v. State Of West Bengal & ANR

16.03. 2022 item No.15 n.b.

ct. no. 34 CRR 1815 of 2019 Bapi Biswas & Anr Vs.

The State of West Bengal & Anr.

Mr. Tapan Datta Gupta, Mr. Parvej Anam, Mr. Manoranjan Mahato .....for the Petitioners Mr. Saswata Gopal Mukherjee, p.p.

Ms. Sreeparna Das .....for the State Report submitted by the Inspector-in-Charge, Barasat Police Station be kept with the record.

The present revisional application has been filed challenging the continuation of the proceedings relating to Barasat Police Station Case no. 1212 of 2009 dated 31.12.2009 wherein charge sheet was filed under sections 323/498A of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act. The report so submitted before this Court reflects that the statement of the de facto complainant has been enclosed. The case was registered for investigation. The present statement, which has been incorporated, reflects that during the pendency of the criminal case, the matrimonial relationship has been terminated by way of divorce and de facto complainant has remarried having her own family as such, she is not interested to pursue the present litigation.

In view of the statement, which has been submitted before this Court through the Officer-in-Charge of Barasat Police Station, I am of the opinion that further continuance of the proceedings arising out of Barasat police Station case no.1212 of 2019 dated 31.12.2009 under Sections 323/498A of the Indian Penal Code is unwarranted, as such, the same is quashed.

Accordingly, CRR 1815 of 2019 is allowed.

All pending connected applications, if any, are consequently disposed of.

Interim order, if any, is hereby made absolute. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Tirthankar Ghosh, J.)