Sukamal Samanta And Others v. State Of West Bengal And ANR

16.10.2023 IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION jb.

C.R.R. 3474 of 2023 (CRAN 1 of 2023) In Re: Sukamal Samanta & Ors.

vs.

State of West Bengal & Anr.

Re: An application under Section 482 of the Code of Criminal Procedure.

Mr. Indranuj Dutta - For the Petitioners Mr. Atanu Basu - For the Opposite Party No. 2 Mr. Tanmay Kr. Ghosh M. F. A| Begg Ms. Trina Mitra - For the State In this case earlier a report was called for. Accordingly today Mr. Ghosh, learned advocate appearing for the State submits a report of the concerned officer of the Liluah Police Station. The said report is kept with the record. The charge-sheet in the present case has been submitted under Sections 498A/406 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. The report reflects that the statement of one Pritilata Samanta was recorded and communication was also sent to the Officer-in-charge by the said police station. The case arises out of a matrimonial discord and the defacto complainant/opposite party No. 2 does not intend to proceed with the present case.

Accordingly, I direct that further proceeding of Liluah Police Station case No. 318/21 dated 02.09.2021 under Sections 498A/313/406/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act including the charge-sheet submitted in connection with the instant case which is pending before the learned Chief Judicial Magistrate, Howrah be quashed.

Consequently, CRR 3474 of 2023 along with CRAN 1 of 2023 is allowed.

Pending application, if any, stands disposed of. All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities. (Tirthankar Ghosh, J.)