Calcutta High CourtCRR/4313/2023disposed

Arbaaz Patwe And Another v. State Of West Bengal And ANR

2023-12-06Hon'Ble Justice Tirthankar Ghosh2 pages

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction CRR 4313 of 2023 06-12-2023 Subha Item no. 10 Ct no.34 Dr. Arbaaz Patwe and anr.

-versus- State of West Bengal and Anr.

Mr. Md. Adil Badr Mr. Md. Aqib Badr Mr. Shakti Shivam Mr. Abdul Kalam Chowdhury ....for the petitioners.

Mr. Sohan Gani Ms. Nafisa Anwar Mr. Vishal Prasad ...for the O. P. No.2.

Mr. Kaushik Kundu ...for the State.

The revisional application has bee preferred challenging the proceedings of Beniapukur P. S. Case No. 45 of 2023 dated 3001-2023 under Sections 498A/406/34 of the Indian Penal Code and Sections 3⁄4 of the D. P. Act.

During the pendency of the revisional application submissions were advanced by the learned advocate for the petitioner and the learned advocate for the private opposite party no. 2 that an amicable settlement has been arrived at between the parties. The case arose out of matrimonial dispute. As such, Mr. Kundu, learned advocate for the State has submitted a report. Let the report be kept with the record. The report encloses the statement of Humaira Ahmad as well as her communication to the Officer-in-Charge, Beniapukur Police Station. The statement so recorded reflects that the parties have settled their dispute and

staying together.

Having considered the statement and the declaration, I am of the opinion that under the changed circumstances further continuance of the proceedings would result in harassment. Accordingly, all further proceedings of Beniapukur P. S. Case No. 45 of 2023 under Sections 498A/406/34 IPC and Sections 3⁄4 of the D. P. Act along with chargesheet submitted therein before the Learned Additional Chief Judicial Magistrate, Sealdah is hereby quashed.

Accordingly, the revisional application being CRR 4313 of 2023 is allowed.

Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]