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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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