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Judgments of Supreme Court of India and High Courts

(Swapan Kr. Hawladar & Ors vs State & Anr.) on 5 April, 2017


4 05.04.2017
an Court No. 34
CRR 3911 of 2014
(Swapan Kr. Hawladar Ors. vs. State anr.)

Mr. Chittaranjan Panda
…….. For the petitioner

Mr. Sanjay Banerjee
…….. For the State

Affidavit of service filed today be kept with the record which goes to show

that the private opposite party no. 2 had received the notice and that she is residing

in Toronto. Other relevant records filed with this revisional application go to show

that previously she had been to Gurgaon.

The grievance of the present petitioner is such that a case under Section

498A Indian Penal Code was lodged against him and thereafter, she, in writing,

stated that she does not like to proceed. During the pendency of that case a divorce

suit was filed which has been ended by mutual consent. Since then they are

residing elsewhere but the criminal case is still going on against him.

In such circumstances, she has come before this court for quashing of

the entire proceeding in connection with FIR No. 100 dated 21.4.1997.

Inspite of receiving the notice, the private opposite party no. 2 did not

turn up. The State respondent also did not wish to stand in the way. The case is

pending for about 20 years without any progress. It appears from the record that

the defacto-complainant is out of India and at present her status is a divorced wife.

She did not take any step or show interest to proceed with the matter. In such

circumstances, it seems that it would be sheer abuse of process of law if it is

allowed to continue.

Accordingly, the criminal revisional application stands allowed.

The proceeding under police case being Bidhannagore (North) P.S. Case

No. 100 dated 21.4.1997 is hereby quashed.

Urgent certified photostat copy of this order, if applied for, shall be given

to the parties as expeditiously as possible on compliance of all necessary formalities.

(Siddhartha Chattopadhyay, J.)

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