Allowed

Santanu Ghosh v. State of West Bengal and Anr.

Calcutta HC28 Jun 2023CRR/320/2022

Case brief

AI extract

What is this about?

The High Court at Calcutta in revisional jurisdiction quashed Barasat Women Police Station Case No. 94 of 2014 and registered charges against the petitioner under Section 498A IPC and Dowry Prohibition Act. The quashing was based on the complainant's report and declaration that the parties had terminated their relationship and the relevant criminal proceedings were no longer worth pursuing.

What did the court decide?

FIR Barasat Women Police Station Case No. 94 of 2014, charge-sheet, and consequential orders are quashed; pending connected application disposed of.

Santanu Ghosh Vs State of West Bengal and Anr. — Dowry and Cruelty | Calcutta HC (2023)

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28.06.2023

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Item No.1 Ct.No.34 dc.

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IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION

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C.R.R. 320 of 2022 with CRAN 1 of 2022

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Sri Santanu Ghosh versus The State of West Bengal & Anr.

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In Re : An Application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973.

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Mr. Amitabha Ghosh … For the Petitioner. Mr. S. G. Mukherjee, Ld. P.P., Mr. Imran Ali, Ms. Debjani Sahu … For the State. Ms. Nabanita Chatterjee … For the Opposite Party No.2.

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Report dated 26.06.2023 submitted by Ms. Debjani Sahu, learned advocate appearing for the State be kept on record.

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The said report encloses a statement as well as declaration of Piyali Ghosh, the opposite party no.2 herein at whose instance Barasat Women Police Station Case No. 94 of 2014 dated 08.11.2014 under Sections 498A/323/406/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act was registered for investigation. The contents of the statement as well as the communication/declaration of the opposite party no.2 reflect that the parties have terminated their relationship and the lady/de facto complainant does not want to proceed with the present criminal case which is pending against the petitioner.

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Having regard to the change of circumstances and the report which has been submitted, I am of the view that

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further continuance of Barasat Women Police Station Case No. 94 of 2014 dated 08.11.2014 including the charge-sheet submitted therein as also the consequential orders is unwarranted and as such the same is quashed.

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The revisional application being CRR 320 of 2022 along with CRAN 1 of 2022 is, thus, allowed.

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Other pending connected application, if any, is consequently disposed of.

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All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

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(Tirthankar Ghosh, J.)

Santanu Ghosh v. State of West Bengal and Anr.

Case brief

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Santanu Ghosh v. State of West Bengal and Anr.

Case brief

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