Soumyajit Saha And ANR v. The State Of West Bengal And ANR

02-05-2024 Ct. No.2 b.das

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Criminal Revisional Jurisdiction CRR No. 36 of 2024 In the matter of :

Soumyajit Saha & Anr.

..... petitioners.

Mr. Swarup Das ...for the petitioners.

Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Kallol Acharji ...for the State.

Mr. Subham Chanda ...for private opposite party no.2. Affidavit of service filed by the petitioners is taken on record.

Heard learned counsels for the parties.

Learned counsels for the petitioner and the 2nd opposite party have filed a joint petition being CRAN 1 of 2024 which demonstrates that the dispute between the parties has been amicably settled. The de facto complainant/private opposite party has no objection if the GR case no. 694 of 2014 under Section 498A of the Indian Penal Code pending before the learned Judicial Magistrate, Cooch Behar is quashed.

In view of the submission made on behalf of the parties as well as the averment of the parties in the application, this Court is inclined to hold that continuation of the proceeding before the learned Judicial

Magistrate shall serve no fruitful purpose and shall be abuse of the process of law.

The application being CRR 36 of 2024 is allowed in terms of the compromise application filed by both the parties jointly being CRAN 1 of 2024. Proceedings of GR case no. 694 of 2014 under Section 498A of the Indian Penal Code pending before the learned Judicial Magistrate, 1st Court, Cooch Behar is quashed.

There shall, however, be no order as to costs. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

( Suvra Ghosh, J. )