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Calcutta High CourtCRR/4633/2023disposed

Santanu Sinha And Another v. State Of West Bengal And ANR

2024-01-04Hon'Ble Justice Tirthankar Ghosh3 pages

04.01.2024 Serial no. 52 [G.S.D] CRR 4633 of 2023 With CRAN 1 of 2023 In the matter of : Santanu Sinha & Anr.

... ... Petitioners Mr. P. S. Das Ms. S. Sarkar Mr. A. Chakraborty Mr. V. Verma Mr. D. Biswas ... Petitioners Mr. Mainak Gupta Mr. Subhamoy Dutta ... for the O.P. No.2 Ms. Baishakhi Chatterjee ... for the State The revisional application was preferred in connection with Baguiati P.S. Case No. 188 of 2021 dt. 10.4.2021, wherein the investigating agency after completion of investigation submitted charge-sheet under sections 498A/406 of the IPC.

When the revisional application appeared on 12th of December, 2023, a submission was advanced that there has been changed of circumstances and an amicable settlement has taken place between the petitioner and the opposite party no.2 in respect of the matrimonial differences and discord. A report was called for in this respect. Today, Ms. Chatterjee, ld. advocate for the Sate, has submitted a report. Let the same be kept with the record.

The report is annexed with the statement of the o.p. no.2 namely, Madhabilata Sinha along with her declaration to the officer in charge of Baguiati P.S. The contents of the said statement and the declaration reflects that the o.p. no.2/defacto-complainant is not interested to pursue with the criminal case arising out of Baguiati P.S. Case No. 188 of 2021 as there has been amicable settlement and the case arose out of the matrimonial discord.

Accordingly, I am of the view that further continuance of the proceedings may result in harassment of the parties.

Accordingly, further continuance of the proceedings relating to Baguiati P.S. Case No. 188 of 2021 as also the charge-sheet filed therein, which is pending before the ld. CJM, Barasat, is hereby quashed.

With the aforesaid observations, CRR 4633 of 2023 along with CRAN 1 of 2023 is allowed.

Pending application (s), if any, is also disposed of. Report so submitted be kept with the record.

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.)