An Application Under Section 482 … vs Sri Bijoy Biswas on 7 August, 2017

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Sl. August 7, C.R.R. 2281 of 2017

235. 2017

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

And

In the matter of : Sri Bijoy Biswas
Versus
State of West Bengal anr.

Mr. Debasis Kar,
…for the petitioner.

Ms. Anasuya Sinha,
…for the State.

Mr. Ainal Bari,
…for the opposite party no. 2.

Re: C.R.A.N. 3052 of 2017 (compromise)
filed on July 18, 2017.

It is submitted on behalf of the parties that the parties have amicably
resolved their matrimonial dispute wherefrom the impugned criminal proceeding has arisen.
Accordingly, prayer is made for quashing of the proceeding. Necessary averments have been made
in C.R.A.N. 3052 of 2017.

Ms. Anasuya Sinha, learned advocate appearing on behalf of the State,
files report submitted by the investigating agency wherefrom it appears that the parties are now
residing together as husband and wife.

In view of such development and bearing in mind the averments made in
C.R.A.N. 3052 of 2017 which are supported by the State, I am of the opinion that continuation of
the impugned proceeding would be an abuse of the process of court.

I, therefore, quash the impugned proceeding being General Register Case
No. 6247 of 2016 Khardah Police Station Case No. 658 of 2016 dated September 19, 2016 under
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Sections 498A/34 of the Indian Penal Code pending before the learned Judicial Magistrate, First
Court at Barrackpore, North 24-Paraganas.

The revisional application and the connected application filed under
C.R.A.N. 3052 of 2017 are, thus, allowed.

Photostat certified copy of this order, if applied for, will be made
available to the applicant on urgent basis provided the requisites are put in.

dns

( Joymalya Bagchi, J. )

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