Abhijit Kundu And Another v. State Of West Bengal And ANR

C.R.R.4020 of 2023 With CRAN 1 of 2023 D/L12 19.10.2023 Bpg.

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

Abhijit Kundu and another

Versus

State of West Bengal and another Mr. Satadru Lahiri Mr. Sikandar Azam Mr. Safdar Azam Mr. Syed Wasim Faruque Mr. Jyotirmoy Talukdar.

...for the petitioners.

Mr. Anwar Hossain Ms. Manisha Sharma.

...for the State.

Report submitted by Ms. Manisha Sharma, learned advocate appearing for the State be kept with the record. In the statement so enclosed the lady, namely, Jayati Kundu nee Sil has stated that she do not intend to proceed with the case being Muchipara Police Station Case No.183 of 2022 dated 15.09.2022.

Records reflect that the said case was initiated out of matrimonial discord.

Having considered the report so submitted along with the statement, I am of the view that further continuance of the said proceedings before the learned Metropolitan Magistrate, 19th Court, Calcutta including the charge-sheet submitted therein may result in

abuse of process of law, as such, the proceedings are hereby quashed.

Consequently, CRR 4020 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.)