Kunal Dey & ORS v. State Of West Bengal & ANR

24.11.2020 suman Ct.05 CRR 2978 of 2018 With IA No.CRAN 1 of 2019 (CRAN 4413 of 2019) Sri Kunal Dey & Ors.

Vs.

State of West Bengal & Anr.

Mr. Abir Chakraborty Mr. Victor Chatterjee ...for the petitioners Mr. Sujan Chatterjee Mr. Sanat Kumar Das Mr. Satadru Lahiri Mr. Santanu Das ...for O.P. No.2 Mr. S. G. Mukherjee, Ld. P.P.

Mr. Arijit Ganguly ...for the State The petitioners are matrimonial relations of opposite party No.2. On the basis of a complaint filed by the opposite party No.2 before Sonarpur Police Station a case under Sections 498A/406/307/34 I.P.C. was registered against the petitioners being Sonarpur P.S. Case No.2229 of 2016. Police subsequently filed charge sheet whereupon G.R. Case No.7200 of 2016 was registered.

The instant application is for quashing aforesaid proceeding on the ground that the matter has been amicably settled between the defacto

complainant and her husband as well as the present petitioners. Marital tie has been severed by and between the defacto complainant and her husband on the basis of a decree passed under Section 28 of the Special Marriage Act. At present the learned advocate for the defacto complainant submits that the defacto complainant has no grievance if the instant case is dropped against the petitioners. The learned P.P. has also raised no objection.

In view of such circumstances, CRR 2978 of 2018 is allowed. G.R. Case No.7200 of 2016 arising out of Sonarpur Police Station Case No.2229 of dated 04.10.2016 under Sections 498A/406/307/34 I.P.C. is quashed.

Along with the disposal of CRR 2978 of 2018 CRAN 4413 of 2019 is treated to be disposed of. (Bibek Chaudhuri, J.)