B. Chandrachoodan And Another v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRR/43/2024 B. Chandrachoodan and another Vs.

The State Mr. Gopala Binnu Kumar Ms. Vinita Devi ... for the Petitioners Ms. A. S. Zinu ... for the Respondent August 05th, 2024 [Bithika] Item No. 09 C.D is produced today.

Mr. Binnu Kumar, Learned Counsel appearing for the Petitioner submitted that although he has not perused the C.D, yet the disputes is basically civil in nature between the family members culminating in unwarranted prosecution. Ms. A.S. Zinu, Learned Counsel for the Respondent relied upon the case docket submitted that although prosecution was initiated under Section 447/448/453/454/380/427/34 of Indian Penal Code, Charge Sheet has been filed only under section 427/34 of IPC.

On perusal of C.D and after hearing of both the parties, this Court is of the opinion that, firstly, the dispute is civil in nature, secondly, unwarranted criminal prosecution should not be procrastinated between family members, more so when the offence is non-cognizable. Accordingly, the instant application is allowed. Final Report No. 15/17 dated 30.11.2017 filed under section 427/34 of PS Chatham stands quashed.

Copy of this order may be communicated to the concerned Chief Judicial Magistrate as well as SHO, PS Chatham.

The instant criminal revision stands disposed of. Warrant of arrest if any, be recalled and the Petitioners are discharged from their bail bonds if any.

( Sugato Majumdar, J.)