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[Cites 6, Cited by 0]

Calcutta High Court (Appellete Side)

Sanjukta Ghosh vs Unknown on 16 October, 2023

16.10.2023 10 cm CRR 2453 of 2019 In the matter of : Sanjukta Ghosh.

.... petitioner.

Mr. Arindam Das Ms. S. Saba Yasmin .... for the petitioner. Mr. Soumitra Dev ... for the O.P. Nos. 2 & 3.

The learned advocates for both the parties are present. The learned advocate for the petitioner submits a settlement between the parties to have been achieved on the basis of the memorandum of settlement which has been a part of the decree of divorce granted by the 1st Additional Principal Judge, Family Court, Bangalore. The marriage between the parties which had been solemnised on 23.01.2007 and registered on 24.10.2007 was dissolved. The memorandum of settlement as stated above in Paragraph 4 stipulates as follows:

"4. The parties have agreed that the following matters filed by them against each other are pending before the various courts at Kolkata and Bangalore. The parties agree to withdraw/get quashed/disposed off by the respective parties as mentioned below.

             Sl.     Case No.                 Provision of    Court before To              be

             No.                              Law             which it is withdrawn/

                                                              pending         closed by

             1       G.R.     Case    No. Sec.      498A ACJM                 Petitioner

                     219/2008                 IPC             Bidhan          No.2

                                                              Nagar,

                                                              Kolkata
                                     2




2.    CC NO. 22981/12       Sec.        498A VIII   ACMM Petitioner

                            &420 IPC          Bengaluru       No.2

3.    Crl. P. No. 2776/13   Sec          482 High      Court Petitioner

                            Cr.Pc             of              no.2

                                              Karnakata

4.    E.X. No. 76/2014      U/o.         21, I         Addl. Petitioner

                            Rule 11 of        Family          No.1

                            C.P.C.            Court Judge

                                              at

                                              Bangalore

5.    CC No. 17088/15       Sec.              IV    ACMM Petitioner

                            120B,384,         Bangalore       no.1

                            406 & 420

6.    Crl. R.P. 651/2015    Sec.         397 CCH-6 City Petitioner

                            Cr.p.c.           Civil Court, No.1

                                              Bangalore

7.    Crl. Misc. 594/15     Sec.         125 I         Addl. Petitioner

                            Cr.P.C.           Family          No.2

                                              Court Judge

                                              Bangalore

8.    OS No. 495/16         Partition         CH-53 City Petitioner

                            Suit              Civil Court, No.2

                                              Bangalore

9.    RP No. 01/2016        Revision          I.       Addl. Petitioner

                            Petition          Family          No.2

                                              Judge,

                                              Bangalore

10.   RP No. 02/2016        Revision          I.       Addl. Petitioner

                            Petition          Family          No.2

                                              Judge,

                                              Bangalore
                                       3




11.    Writ   petition    No.                   High   Court Petitioner

       17971/2018                               of            No.1

                                                Karnataka

12     Crl.      P.       No. Sec          482 High    Court Petitioner

       7193/2015                 Cr.P.C.        of            No.1

                                                Karnataka



The learned advocate for the opposite party Nos. 2 and 3 submits apart from the instant revisional application arising out of G.R. Case No. 219 of 2008 pending before the learned Additional Chief Judicial Magistrate, Bidhannagar, the other cases mentioned in Serial No. 2 to 12 of the aforesaid memorandum of settlement have been withdrawn.
In the above premise, based on the memorandum of settlement the instant revisional application is not interfered with .
The proceeding being G.R. No. 219 of 2008 arising out of Lake Town Police Station Case No. 29 of 2008 dated 22.04.2008 under Section 498A/406 of the Indian Penal code pending before the learned Additional Chief Judicial Magistrate, Bidhannagar is quashed.
The instant revisional application is disposed of. Copy of the order be sent to the Department and learned trial court for compliance.
Parties are to act on a server copy of this order duly downloaded from the official website of this Court.
(Ananya Bandyopadhyay, J.)