Hitesh Agarwal And ORS v. State Of West Bengal And ANR

21.04. 2022 item No.19 n.b.

ct. no. 34 CRR 2384 of 2021 + IA No. CRAN 1 of 2021 + CRAN 2 of 2022 Hitesh Agarwal & Ors.

Vs.

State of West Bengal & Anr.

Mr. Karan Dudhwewala .....for the Petitioners Mr. S.G. Mukherjee, P.P., Mr. Arijit Ganguly, Mr. Sanjib Kr. Dan .....for the State Mr. Soumajit Chatterjee, .... For the opposite party no.2 Report submitted by Mr. Arijit Ganguly, learned advocate appearing for the State be kept with the record. Report submitted by the Officer in Charge Baguiati Police Station reflects that the defacto complainant has submitted a declaration and also her statement has been recorded by the concerned Police Officer. She has expressed that there has been amicable settlement between the defacto complainant and her inlaws. Further, she has expressed that she do not intend to pursue the litigation which arises out of Baguiati Police Station Case No.1361 of 2016 dated 17.11.2016 under Sections 498A/406/467/468/471/120B of the Indian Penal Code. Having regard to the fact that the dispute arose out of matrimonial discord and the parties have already applied for

mutual divorce which is pending before the Civil Court and that there has been an amicable settlement which is reflected in CRAN 1 of 2021 and is further supported by the report so submitted by the Officer in Charge of Baguiati Police Station, I am of the opinion that further continuance of the proceedings are unwarranted in the changed circumstances. Accordingly, further proceedings being PS Case no1361 of 2016 dated 17.11.2016 under Sections 498A/406/467/468/471/120B of the Indian Penal Code and the charge sheet filed therein is hereby quashed. Thus, CRR 2384 of 2021 along with CRAN 1 of 2021 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.)