Preetam Mondal v. State Of West Bengal And ANR.

02.12.2022

IN THE HIGH COURT AT CALCUTTA

Item No.15 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2145 of 2021 Preetam Mondal versus The State of West Bengal & Anr.

In Re: An Application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973.

Mr. Pradyat Saha ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Imran Ali, Ms. Debjani Sahu ... For the State.

Mr. Shibaji Kumar Das, Ms. Rupsa Sreemani ... For the Opposite Party No.2.

Pursuant to the order dated 25.11.2022 passed by this Court, a report has been submitted by the concerned officer of Bidhannagar South Police Station wherein statement of the complainant in connection with Bidhannagar South Police Station Case No. 202 of 2021 dated 17.07.2021 under Sections 498A/406 of the Indian Penal Code was recorded via virtual mode and e-mail of the complainant was also received. Both the aforesaid documents have been enclosed along with the report. Let a copy of the said report be kept on record. The statement so enclosed of Keertana Srinivasan/opposite party no.2 reflects that she does not intend to pursue the criminal case. To that effect, the communication to the Inspector-in-Charge regarding an amicable settlement, mutual divorce and no intention to proceed with the criminal case has also been sent.

Having regard to the fact that the criminal case was initiated pursuant to a matrimonial discord between the parties and the complainant/wife does not intend to pursue the criminal case as they have been mutually divorced, I am of the opinion that further continuance of the proceedings of Bidhannagar South Police Station Case No. 202 of 2021 dated 17.07.2021 is unwarranted and as such, the same is hereby quashed.

The revisional application being CRR 2145 of 2021 is, thus, allowed.

All pending 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 with all requisite formalities.

(Tirthankar Ghosh, J.)