Naveen Kumar And Others v. State Of West Bengal And ANR

18.10.2023 Serial no. 32 [G.S.D] CRR 3691 of 2023 With CRAN 1 of 2023 In the matter of : Naveen Kumar & Ors.

... ... Petitioners Mr. Partha Sarathi DAs Ms. S. Sarkar ... for the Petitioners Ms. Baisali Basu ... for the State Mr. Debojyoti De ... For the O.P.

The report submitted by Ms. Basu, ld. advocate for the State, be kept with the record. The report encloses the statement as well as the communication made to the officer in charge of Khardah P.S.

From the statement as well as the communication, it reflects that the defacto-complainant, namely, Binita Singh, is not interested to pursue Khardah P.S. Case No. 386 of 2018. The said case was instituted because of matrimonial dispute and discord.

Having regard to the changed circumstances and the tenor of the statement as well as the communication, I am of the view that further continuation of Khardah P.S. Case No. 386 of 2018 under sections 498A/406/506/34 of the IPC

and 3 and 4 of the D.P.Act including the charge-sheet submitted therein would result in abuse process of the court, and, as such, the same is quashed.

With the aforesaid observations, CRR 3691 of 2023 along with CRAN 1 of 2023 is allowed.

Pending application, if any, is disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)