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.)