Suman Goswami And ORS. v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 23-02-2024 Subha Item no. 25 Ct no.34 CRR 4897 of 2023 CRAN 1 of 2023 Smt. Suman Goswami & Ors.

-versus- The State of West Bengal & Anr.

Mr. Prantick Ghosh Mr. Prasad Bhattacharyya .....for the petitioners.

Mr. Siddhartha Sarkar Mr. Aritra Kumar Thokdar Mr. Sandip Dutt ..for the opposite party.no2.

Mr. Arijit Ganguly .... For the State.

The revisional application has been preferred pursuant to an amicable settlement being arrived at between the petitioners and the opposite party no.2. The case arose out of matrimonial discord being Bidhannagar(South) P.S. Case No. 11 of 2017 under Sections 498A/406/307/506 read with Section 34 IPC. Mr. Ganguly, learned advocate appearing on behalf of the State has submitted a report which encloses the declaration and the statement of the opposite party no.2/de facto complainant, namely, Smt. Sampa Goswami. Both the statement and declaration reveals that the lady is not interested to pursue with the criminal case.

Having regard to the nature of the injuries appearing in the case diary, I am of the view that Section 307 IPC is not applicable to the facts of the present case. Accordingly, all further proceedings of South Bidhannagar Police Station Case No. 11 of 2017 under Sections 498A/406/307/506 read with Section 34 IPC

including the chargesheet filed therein is hereby quashed. Consequently, CRR 4897 of 2023 along with the connected application being CRAN 1 of 2023 is hereby allowed.

Report so submitted by the learned advocate for the State be kept with the record.

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