Pummy Gupta v. State Of West Bengal And ANR

August 16, 2023 IN THE HIGH COURT AT CALCUTTA AD-17 CRIMINAL APPELLATE JURISDICTION Ct. 34 SG CRR 2704 of 2023 with CRAN 1 of 2023 In the matter of: Pummy Gupta ... petitioner Mr. Ayan Bhattacherjee Mr. Shubhojyoti Dutta Ms. Swati Bhattacharyya ... for the petitioner.

Mr. Arijit Ganguly ... for the State.

Mr. Anand Keshari Ms. Sutapa Ghosh (Bose) ... for the OP No.2.

The present revisional application has been preferred challenging the continuance of the charge-sheet submitted in connection with Shakespeare Sarani Police Station Case No.12 of dated 08.01.2018 under Sections 509/506/323 of IPC (GR Case No.41 of 2018) pending before the learned Metropolitan Magistrate, 4th Court at Calcutta as also the order dated 12.06.2023 passed in the said proceedings.

A report was called for in respect of the amicable settlement arrived at between the parties and the terms of settlement in the form of joint compromise so filed before this court.

Mr. Ganguly, learned advocate for the State has submitted a report which incorporates statements of Umesh Kumar Rathi and Neha Rathi. Both of them have

expressed their intention not to pursue with the present case being Shakespeare Sarani Police Station Case No.12 of 2018 dated 08.01.2018. Let the report be kept with the record.

Having considered the changed circumstances, I am of the view that further continuance of the proceedings would be futile in view of the nature of the allegations for which the proceedings were initiated.

Accordingly, all further proceedings including chargesheet submitted in connection with Shakespeare Sarani Police Station Case No.12 of 2018 dated 08.01.2018 under Sections 509/506/323 of IPC (GR Case No.41 of 2018) as also the order dated 12.06.2023 passed by the learned Metropolitan Magistrate, 4th Court, Calcutta are hereby quashed.

Consequently, CRR 2704 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 copy of this order, if applied for, be made available to the parties upon compliance of such requisite formalities.

( Tirthankar Ghosh, J. )