Antara Paul Chowdhury And ANR v. State Of West Bengal And ANR

C.R.R.4244 of 2022 With CRAN 1 of 2023 D/L11 20.09.2023 Bpg.

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

Smt. Antara Paul Chowdhury and another

Versus

The State of West Bengal and another Mr. Arnab Chatterjee Mr. Raushan Kumar Ray.

...for the petitioners.

Mr. Saswata Gopal Mukherjee, Ld.P.P.

Mr. Aniket Mitra.

...for the State.

Ms. Dhanasree Biswas Ms. Poulami Bose.

...for the opposite party no.2.

Report submitted by Mr. Aniket Mitra, learned advocate appearing for the State which has been prepared by the Officer-inCharge, Belgharia Police Station, be kept with the record. The present revisional application was preferred by the petitioners challenging the continuance of the proceeding arising out of Belghoria Police Station Case No.593 of 2016 dated 27.07.2016 under Sections 341/323/328/506 of the Indian Penal Code.

Report so submitted enclosed the statement and declaration of one Ujjal Paul as also one Antara Paul Chowdhury. Having considered the statements wherein both parties

have stated that they have amicably settled the dispute and do not intend to pursue with the case any further, I am of the opinion that further continuance of Belghoria Police Station Case No.593 of 2016 dated 27.07.2016 as also the charge-sheet submitted therein before the learned Additional Chief Judicial Magistrate, Barrackpore, North 24 parganas may result in miscarriage of justice in the changed circumstances. Consequently, the said proceedings are quashed.

Accordingly, CRR 4244 of 2022 along with CRAN 1 of 2023 is allowed.

Pending other applications, if any, are consequently disposed.

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.)