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Calcutta High CourtCRR/2678/2022disposed

Sourabh Baidya And Others v. State Of West Bengal And ANR

2023-08-31Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.2678 of 2022 D/L23 31.08.2023 Bpg.

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

Sourab Baidya and others

Versus

The State of West Bengal and another Mr. Anirban Guhathakurta Mr. Sujan Chatterjee Ms. Nayana Mitter.

...for the petitioners.

Mr. Saswata Gopal Mukherjee, Ld.P.P.

Mr. Saryati Datta.

...for the State.

Report submitted by Mr. Datta, learned advocate appearing for the State be kept with the record. Report has been prepared by the Officer-in-Charge, Behala Police Station. The present case relates to Behala Police Station Case No.321 of 2013 dated 27.06.2013. The report so submitted is enclosed with the statement and the declaration of Oishani Roy. Having regard to the contents of the statement and the declaration wherein the lady has expressed her intention not to pursue the criminal case registered with Behala Police Station Case No.321 of 2013, I am of the opinion that as the case arose out of matrimonial discord, further continuance of Behala Police Station Case No.321 of 2013 dated 27.06.2013 under Sections 498A/406/34 of the Indian Penal Code and the charge-sheet submitted therein be hereby quashed.

Consequently, CRR 2678 of 2022 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 photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)