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Atanu Chakraborty & Ors vs The State Of West Bengal & Anr on 24 April, 2019

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In The High Court At Calcutta
Criminal Revisional Jurisdiction
.4.19

CRR 418 of 2016
Atanu Chakraborty Ors.

v.

The State of West Bengal Anr.

Ms. Sucharita Biswas
Mr. Sakya Maity
… for the petitioners.

Mr. Arindam Sen
Mr. Saurav Basu
… for the opposite party no. 2.

Mr. S.G. Mukherjee
Mr. Saryati Datta
… for the State.

The petitioner/husband filed this revisional application with a prayer for

quashing of the Charge sheet No. 280 of 2017 dated May 31, 2017 under

Sections 498A/406 IPC and 3 /4 DP Act arising out of FIR No. 163 dated March

29, 2017, inter alia, on the grounds stated in the petition.

At this stage of hearing the petitioner has filed a supplementary affidavit

enclosing the order dated October 10, 2018 passed in Matrimonial Suit No. 914

of 2018( R-914) which reflects that the petitioner and the opposite party/wife

have been granted decree of divorce on mutual consent dissolving their marital

tie solemnized on March 3, 2017 from the date of decree.

In view of the compromise and the mutual divorce by and between parties

both the parties have jointly filed application being CRAN 3093 of 2017 with
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prayer for appropriate order in view of compromise and settlement having been

arrived between applicant nos. 1 to 3 and opposite party no. 4 out of Court.

Having heard learned advocates for all the parties and in consideration of

the compromise application and the background facts of the case, I do not find

any legal impediment in considering the prayer as made by the parties.

Consequently, the Charge sheet No. 280 of 2017 dated May 31, 2017 under

Sections 498A/406 IPC and 3 /4 DP Act arising out of FIR No. 163 dated March

29, 2017 is hereby quashed.

Accordingly, CRR 3487 of 2017 and CRAN 3093 of 2018 are disposed of.

Urgent xerox certified copy of this order, if applied for, be given to the

parties after completion of all legal formalities.

sh ( Shivakant Prasad, J.)

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