An Application Under Section 482 … vs Sukanta Biswas & Ors on 24 July, 2017

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Sl. July 24, C.R.R. 2179 of 2017

255. 2017

In the matter of: An application under Section 482 of the Code of
Criminal Procedure;

And

In the matter of : Sukanta Biswas ors.

Versus
State of West Bengal anr.

Mr. Debayan Sen,
…for the petitioners.

Ms. Aindrila De,
…for the opposite party no. 2.

Mr. Pratick Bose,
…for the State.

It is submitted on behalf of the parties that they have amicably resolved
their dispute, wherefrom the instant criminal proceeding has arisen. Accordingly, joint prayer is
made for quashing of the proceeding. Necessary averment is also made in the joint petition being
C.R.A.N. 2869 of 2017 for recording compromise, which is treated as on day’s list.

Report is also filed on behalf of the State endorsing the factum of
compromise.

In view of the submissions made on behalf of the respective parties and
bearing in mind the averments made in C.R.A.N. 2869 of 2019 and the fact that the parties are
now residing together as husband and wife as reported by the State, I am of the opinion that the
continuation of the impugned proceeding would be an abuse of the process of court.

I, therefore, quash the impugned proceeding being ACGR Case No. 2867
of 2017 arising out of Jadavpur Police Station Case No. 261 of 2017 dated June 11, 2017 under
Sections 498A/406/34 of the Indian Penal Code pending before the learned Additional Chief
Judicial Magistrate at Alipore, South 24-Paraganas.

The revisional application and the connected application filed under
C.R.A.N. 2869 of 2017 are, thus, allowed.

Photostat certified copy of this order, if applied for, will be made
available to the applicant within a week from the date of putting in the requisites.

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( Joymalya Bagchi, J. )

dns

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