Subham Sen And ORS v. State Of West Bengal And ANR

C.R.R.3599 of 2023 With CRAN 1 of 2023 D/L12 17.11.2023 Bpg.

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

Subham Sen and others

Versus

The State of West Bengal and another Mr. Apalak Basu Mr. Nazir Ahmed Ms. Sangha Mitra Mridha.

...for the petitioners.

Mr. Kaushik Kundu.

...for the State.

Mr. Indrajit Adhikary.

...for the opposite party no.2.

The present revisional application has been preferred in connection with Muchipara Police Station Case No.175 of 2020 dated 14.09.2020 under Sections 498A/406/34 of the Indian Penal Code. In course of pendency of the present revisional application the parties arrived at a settlement. Accordingly, a report was called for. Today, report has been submitted by Sub-Inspector of Police, Muchipara Police Station which encloses the statement of the de facto complainant, namely Sewita Nandi. The statement reflects that the lady is not interested to continue with the criminal prosecution as there has been amicable settlement. Let the report be kept with the record.

Having regard to the report so submitted and the

statement so submitted, I am of the opinion that as the dispute arose out of matrimonial discord, further continuance of the same may result in harassment to either of the parties. Accordingly, all further proceedings of Muchipara Police Station Case No.175 of 2020 dated 14.09.2020 corresponding to G.R. Case No.865 of 2020 including the charge-sheet submitted therein and pending before the learned Metropolitan Magistrate, 19th Court, Calcutta be hereby quashed.

Consequently, CRR 3599 of 2023 along with CRAN 1 of 2023 is allowed.

Pending other applications, if any, are consequently disposed of.

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.)