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Judgments of Supreme Court of India and High Courts

An Application Under Section 401 … vs Nilanjan Basu on 13 September, 2017

1

Sl. September C.R.R. 2588 of 2017

96. 13, 2017

In the matter of: An application under Section 401 read with Section
482 of the Code of Criminal Procedure;

And

In the matter of : Nilanjan Basu
Versus
State of West Bengal anr.

Ms. Rupsha Banerjee,
…for the petitioner.

Ms. Faria Hossain,
Ms. Debjani Sahu,
…for the State.

Ms. Aditi Bhattacharyya,
…for the opposite party no. 2.

Re: C.R.A.N. 3301 of 2017 (compromise)
filed on August 4, 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. A
joint petition for compromise being C.R.A.N. 3301 of 2017 has been filed to that effect.

The learned advocate appearing on behalf of the State files report
submitted by the investigating agency endorsing the aforesaid fact of compromise.

In view of such development and in the light of the report filed on behalf
of the investigating agency, 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. 1060 of 2016 arising out of Beliaghata Police Station Case No. 120 dated April 1, 2016 under
Sections 498A/406/506 of the Indian Penal Code pending before the learned Additional Chief
2

Judicial Magistrate at Sealdah, South 24-Paraganas.

The revisional application and the connected application filed under
C.R.A.N. 3301 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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