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Judgments of Supreme Court of India and High Courts

Sri Pitesh Saha vs Unknown on 9 April, 2019

1

142 09.04.2019

C.R.R. 714 of 2019
SB Court 29
In the matter of : Sri Pitesh Saha

Mr. Anupam Hait
Ms. Sumita Das
…… For the petitioner

The learned advocate appearing on behalf of the petitioner files a

certified copy of the order dated 14.02.2019 passed by the learned

District Judge, South 24- Parganas in Matrimonial Suit No. 3376 of

2018. The same is taken on record.

The learned advocate appearing on behalf of the petitioner

submits as follows. The petitioner is the former husband of the

opposite party no. 2. After marriage, matrimonial disputes cropped up

between the couple. Accordingly, several cases were instituted in

between the two parties. The de facto complainant filed the present

case being Case No. G.R. 2062 of 2009 against the petitioner in which

a charge sheet was also submitted on 31.12.2009 under sections 406,

498A and 34 of the Code. Subsequently, due to intervention of the

common friends and relations, the disputes were amicably settled and

accordingly a divorce was decreed on mutual consent on 14.02.2019.

In the said order it was clearly mentioned that both the parties shall

take appropriate steps to withdraw the respective cases filed by them

including the present one. Yet, in violation of the said condition the

opposite party no. 2 did not take any step to withdraw the present case

being Case No. G.R. 2062 of 2009 pending before the learned

Additional Chief Judicial Magistrate, Baruipur, South 24 Parganas.
2

Besides, no prima facie case can be said to have been made out

against the petitioner as would be evident from a plain reading of the

First Information Report and the charge sheet. Any further continuation

of the proceeding shall be an abuse process of the Court.

Let the petitioner serve a copy of this application upon the State

through the learned Public Prosecutor and upon the opposite party no.

2 by speed post with acknowledgement due, within a week. An

affidavit of service to that effect shall be filed on the next date of

hearing.

Let this matter appear under the heading ‘Contested Application’

two weeks hence.

The petitioner shall be at liberty to pray for stay of the proceeding

after service of notice on the other side.

Urgent photostat certified copy of this order may be supplied to

the parties expeditiously, if applied for.

(Jay Sengupta, J.)

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