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Soukalin Ghosh & Ors vs State Of West Bengal & Anr on 28 June, 2018

1

28.6.2018

p.b.

Ct. No. 33

CRR 263 of 2016

Soukalin Ghosh Ors.

vs.

State of West Bengal Anr.

Mr. Santanu Chatterjee.

……for the petitioner.

Mr. Subhasree Patel,
Ms. Pallabi Biswas.

……for the O.P. No.2.

Ms. Kakali Chatterjee.

…….for the State.

The petitioner has challenged an order dated 17th July, 2015

passed by the learned 10th Judicial Magistrate at Alipore in ACGR

No.1895 of 2011 in connection with Garfa Police Station Case No.102

of 2011 under Sections 498A, 406, 34 of the Indian Penal Code.

By the impugned order, the learned Magistrate rejected the

application under Section 239 of the Code of Criminal Procedure filed

on behalf of the petitioner whereunder the accused petitioner has

prayed for discharge from the case. The defacto complainant opposite

party no.2 had filed a petition before the learned Magistrate that the

dispute has been amicably settled between the parties and

subsequently both the parties have obtained a decree of divorce on

mutual consent from the learned District Judge, Alipore in MAT Suit
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No.609 of 2012 and now, the defacto complainant is living abroad

and she will not be available for giving evidence. In spite of the fact

and finding so recorded by the Magistrate, the Magistrate turned

down the prayer of the petitioners for their discharge only on the

score that the offence under Section 498A is non-compoundable

offence and fixed a date for framing of charge.

Ms. Biswas, learned counsel appearing on behalf of the opposite

party no.2 submitted that the defacto complainant before the

Magistrate has candidly submitted that there was a mutual divorce

and she is living abroad and she has instruction that they are not

willing to proceed with the hearing of this case revisional application.

I am of the considered view upon hearing that the continuation

of the proceeding before the learned Magistrate concerned would be

an abuse of the process of the Court. Accordingly, this Court is

pleased to quash the proceeding an order dated 17th July, 2015

passed by the learned 10th Judicial Magistrate at Alipore in ACGR

No.1895 of 2011 in connection with Garfa Police Station Case No.102

of 2011 under Sections 498A, 406, 34 of the Indian Penal Code.

The revisional application is, thus, disposed of.

Urgent photostate certified copy of this order, if applied for, shall

be given to the parties as expeditiously as possible.

(Shivakant Prasad, J.)
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