Vicky Jamiyatrai Bhavnani And Another v. State Of West Bengal And ANR

24.11.2023

IN THE HIGH COURT AT CALCUTTA

Item No.6 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3782 of 2023 with CRAN 1 of 2023 In the matter of : Vicky Jamiyatrai Bhavnani & Anr. ... Petitioners.

Mr. Debabrata Acharyya, Mr. Sital Samanta ... For the Petitioners.

Ms. Sujata Das ... For the State.

Report dated 23.11.2023 submitted by Ms. Sujata Das, learned advocate appearing for the State be kept on record. The present revisional application has been preferred challenging the continuance of the proceedings being Tiljala Police Station Case No. 323 dated 04.11.2020 wherein charge-sheet was submitted under Sections 498A/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act and is pending before the learned Judicial Magistrate, 8th Court, Alipore.

Mr. Acharyya, learned advocate appearing for the petitioners submitted on earlier occasion that there has been amicable settlement between the parties and as the dispute and difference arise out of matrimonial discord, further continuance of the proceedings may jeopardize the relationship.

Be that as it may earlier a report was called for dated 16.10.2023. The report encloses a statement and e-mail along with a declaration wherein the de facto complainant/opposite party no.2 has categorically stated that she intends to

withdraw the proceedings being Tiljala Police Station Case No. 323 dated 04.11.2020.

Having considered the fact that the de facto complainant is not interested to pursue the proceedings and also wants to withdraw the case, further continuance of the proceedings may result in harassment as there has been amicable settlement. Consequently all further proceedings relating to Tiljala Police Station Case No. 323 dated 04.11.2020 under Sections 498A/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act along with the charge-sheet submitted therein are hereby quashed. Thus, the revisional application being CRR 3782 of 2023 along with the CRAN 1 of 2023 is allowed. A copy of the report be handed over to Mr. Acharyya, learned advocate for the petitioners.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)