Arindam Dutta Banik And ORS v. State Of West Bengal And ANR

C.R.R.3614 of 2023 With CRAN 1 of 2023 D/L13 17.11.2023 Bpg.

In Re: An application under Section 482 read with Sections 397 and 401 of the Code of Criminal Procedure, 1973;

Arindam Dutta Banik and others

Versus

The State of West Bengal and another Mr. Sabyasachi Mukherjee Mr. Bibek Dey Mr. Syed Neaz Ahmed.

...for the petitioners.

Mr. Anwar Hossain Ms. Ratna Ghosh.

...for the State.

Mr. Mukesh Khanna.

...for the opposite party no.2.

Mr. Hossain, learned advocate appearing for the State has submitted a report prepared by the Inspector-in-Charge, Uttarpara Police Station. Let the same be kept with the record. The subject matter of the revisional application relates to Uttarpara Police Station Case No.37 of 2023 dated 02.02.2023 under Sections 498A/406/323/34 of the Indian Penal Code. During the pendency of the revisional application it has been reported that compromise/amicable settlement has taken place between the petitioners as well as the private opposite party no.2/de facto complainant.

I have perused the report which encloses the

communication of Smt. Sukanya Dutta Banik addressed to the Inspector-in-Charge, Uttarpara Police Station. The contents of the same reflect that the lady do not intend to pursue with the criminal prosecution arising out of Uttarpara Police Station Case No.37 of 2023.

Having regard to the fact that the case arose out of matrimonial discord, I am of the view that further continuance may result in harassment of both the parties. Accordingly, all further proceedings arising out of Uttarpara Police Station Case No.37 of 2023 dated 02.02.2023 pending before the learned Judicial Magistrate, 4th Court, Serampore, Hooghly including the chargesheet submitted therein be hereby quashed. Consequently, CRR 3614 of 2023 along with CRAN 1 of 2023 is allowed.

Pending connected 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.)