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.
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
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.)