Mujibar Chowdhury @ Ataul Chowdhury v. State Of West Bengal And ANR

C.R.R.3509 of 2023 M/L37 09.10.2023 Bpg.

In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973;

Mujibar Chowdhuury @ Ataul Chowdhury

Versus

The State of West Bengal and another Mr. Dipanjan Chatterjee Ms. Sonali Das.

...for the petitioner.

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

Mr. Imran Ali Ms. Debjani Sahu.

...for the State.

Ms. Manasi Roy.

...for the opposite party no.2.

Affidavit-of-service filed by the petitioner be kept with the record.

Report submitted by the Sub-Inspector of Police attached with Chandrakona P.S. be kept with the record. A case under Sections 417/376 of the Indian Penal Code was registered vide Chandrakona Police Station Case No.273 of 2022 dated 18.07.2022 and after completion of investigation, charge-sheet was submitted before the jurisdictional court. Earlier, a contention was advanced on behalf of the both the parties that they have amicably settled the dispute and difference between them and, as such, they do not intend to pursue the criminal case. Accordingly, a report was called for on 18.09.2023.

Having regard to the report which has been received along with the statement of the de facto complainant as well as the declaration, I am of the view that parties have amicably settled their disputes, thus further continuance of Chandrakona Police Station Case No.273 of 2022 dated 18.07.2022 including the charge-sheet submitted therein which is pending before the learned Additional Sessions Judge, Ghatal, Paschim Medinipur be hereby quashed. Accordingly, CRR 3509 of 2023 is allowed.

Pending application, if any, is consequently disposed of. It is clarified that the observations and/or findings made hereinabove is restricted to the facts of the present case and will not operate and binding in other cases.

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.)