Goutam Saha And ORS. v. State Of West Bengal And ANR

29.04.2024 Serial no. 82 [G.S.D] CRR 4801 of 2023 With CRAN 1 of 2023 In the matter of : Goutam Saha & Ors.

... ... Petitioners Mr. Partha Sarathi Mondal ... for the petitioners Mr. Niladri Sekhar Ghosh Ms. S. Chatterjee Mr. Sourav Mondal Ms. L. Sikdar ... o.p. no.2 Mr. Debashis Roy Mr. Saryati Datta ... for the State Report submitted on behalf of the State prepared by the Sub-Inspector of Police, New Alipore P.S., be kept with the record.

The present case being New Alipore P.S. Case No. 37 of 2023 dated 27.4.2023, on completion of investigation, ended in a charge-sheet implicating the present petitioners under sections 498A/307/377/354B/406/506/34 of the IPC. The records reflect that there is matrimonial dispute and discord and the marriage took place almost 21 years ago.

I have checked the report which is enclosed with the statement of the defacto-complainant as well as the declaration which is in the form of an Affidavit.

Having considered the nature of the dispute and differences and the same having been amicably solved, as has been stated by the defacto-complainant/o.p. no.2, that she do not intend to pursue with the present criminal case, I am of the view that further continuation of the proceedings is unwarranted in the changed circumstances.

Accordingly, all further proceedings arising out of New Alipore P.S. Case No. 37 of 2023 dated 27.4.2023 including the charge-sheet submitted in connection with the instant case before the ld. CJM, Alipore, is hereby quashed. With the aforesaid observations, CRR 4801 of 2023 along with CRAN 1 of 2023 is Allowed.

Pending application, if any, is also disposed of. Case Diary be returned to the ld. Advocate for the State.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, 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.)