128.6.2018 p.b.
Ct. No. 33 CRR 263 of 2016 Soukalin Ghosh & Ors.
State of West Bengal & Anr.
Mr. Santanu Chatterjee.
for the petitioner.
Mr. Subhasree Patel, Ms. Pallabi Biswas.
for the O.P. No.2.
Ms. Kakali Chatterjee.
.for the State.
The petitioner has challenged an order dated 17th July, 2015 passed by the learned 10th Judicial Magistrate at Alipore in ACGR No.1895 of 2011 in connection with Garfa Police Station Case No.102 of 2011 under Sections 498A, 406, 34 of the Indian Penal Code.
By the impugned order, the learned Magistrate rejected the application under Section 239 of the Code of Criminal Procedure filed on behalf of the petitioner whereunder the accused petitioner has prayed for discharge from the case. The defacto complainant opposite party no.2 had filed a petition before the learned Magistrate that the dispute has been amicably settled between the parties and subsequently both the parties have obtained a decree of divorce on mutual consent from the learned District Judge, Alipore in MAT Suit 2No.609 of 2012 and now, the defacto complainant is living abroad and she will not be available for giving evidence. In spite of the fact and finding so recorded by the Magistrate, the Magistrate turned down the prayer of the petitioners for their discharge only on the score that the offence under Section 498A is non-compoundable offence and fixed a date for framing of charge.
Ms. Biswas, learned counsel appearing on behalf of the opposite party no.2 submitted that the defacto complainant before the Magistrate has candidly submitted that there was a mutual divorce and she is living abroad and she has instruction that they are not willing to proceed with the hearing of this case revisional application.
I am of the considered view upon hearing that the continuation of the proceeding before the learned Magistrate concerned would be an abuse of the process of the Court. Accordingly, this Court is pleased to quash the proceeding an order dated 17th July, 2015 passed by the learned 10th Judicial Magistrate at Alipore in ACGR No.1895 of 2011 in connection with Garfa Police Station Case No.102 of 2011 under Sections 498A, 406, 34 of the Indian Penal Code.
The revisional application is, thus, disposed of.
Urgent photostate certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible.
(Shivakant Prasad, J.)