In a criminal revision under Section 482 CrPC, the High Court of Calcutta quashed a case registered under Section 498A IPC after the complainant and petitioner mutually expressed lack of interest in pursuing the tainted litigation.
All further proceedings arising out of Khardah P.S. Case No. 1046 of 2018 and all orders passed by the lower court were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Sr. 24 01-03-2022 Subha. Court no. 34
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE
CRR 753 of 2020
In the matter of : Sayan Basu …..petitioner.
In Re : An application under Section 482 read with Ss.401/483 Cr.P.C.
Mr. Fahad Imam Mr. Soumitra Karmakar
….for the petitioner.
Ms. Afreen Begum
….for the pvt. Opposite party no.1.
Mr. Madhusudan Sur, APP, Mr. Dipankar Pramanick
…..for the State.
The revisional application was preferred challenging Khardah Police Station Case No. 1046 of 2018 dated 27.12.2018 which is pending before the learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas.
Mr. Imam, learned advocate appearing on behalf of the petitioner and Ms. Afreen Begum, learned advocate appearing on behalf of the private opposite party no.1 on an earlier occasion expressed that on instructions, which they have received, both the parties are not interested to pursue the litigation.
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Accordingly, a report was called for and a report has been submitted along with the statement of the opposite party no. 1, namely, Smt. Sutrishna Basu.
The statement reflects that under certain questionable circumstances, the lady was compelled to file the complaint with the concerned police station and accordingly, the present case being Khardah police station case No. 1046 of 2018 dated 27.12.2018 was registered for investigation under Sections 498A/34 of the Indian Penal Code.
The statement so recorded by the concerned officer of the Khardah P. S reflects that the opposite party no.1/complainant namely, Smt. Sutrishna Basu is not interested to pursue the litigation.
Accordingly, all further proceedings arising out of Khardah P. S. Case No. 1046 of 2018 dated 27.12.2018 pending before the learned Additional Chief Judicial Magistrate, Barrackpore is, hereby, quashed.
Consequently, all orders passed by the learned Additional Chief Judicial Magistrate, Barrackpore is also quashed.
Accordingly, the present revisional application being CRR 753 of 2020 is allowed.
All pending applications, if any, in connection with the revisional application, are consequently disposed of.
Interim order, if any, is hereby vacated.
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All parties are to act on the server copy of this order duly downloaded from the official website of this court.
( Tirthankar Ghosh, J. )
1 issue framed by the court
Whether the FIR registered under Section 498A IPC can be quashed upon a consistent representation by the parties that they are not interested in pursuing the litigation.
2 provisions across 2 enactments
Sayan Basu
Smt. Sutrishna Basu
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
