Sri Tapas Kumar Dutta vs Unknown on 5 July, 2023

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Calcutta High Court (Appellete Side)

Sri Tapas Kumar Dutta vs Unknown on 5 July, 2023

Bench: Tirthankar Ghosh

05.07.2023                IN THE HIGH COURT AT CALCUTTA
Item No.7                 CRIMINAL REVISIONAL JURISDICTION
 Ct.No.34
     dc.

                                 C.R.R. 4407 of 2022


             In the matter of : Sri Tapas Kumar Dutta          ... Petitioner.


             Mr. Pankaj Halder,
             Mr. Sanatan Panja,
             Mr. Tapas Manna,
             Mr. S. Balial,
             Mr. S. Bhattacharyya          ... For the Petitioner.

             Mr. Ranabir Roy Chowdhury,
             Mr. Koushik Kundu             ... For the State.



                   Report   dated   03.07.2023   submitted    by   Mr.   Roy

             Chowdhury, learned advocate appearing for the State be kept

             on record.

                   The said report encloses a statement of the de facto

             complainant/opposite party no.1 viz. Piyali Dutt nee Ghosh

             where she has stated that she has received the copy of this

             revisional application and narrated to the concerned officer

             that there has been a mutual divorce, the decree of which

             was passed. She has received whole of the amount as per the

             orders and/or undertaking given before the court. However,

             she is unable to take decision whether to withdraw the

             proceedings which she initiated under Section 498A of the

             Indian Penal Code being Baguiati Police Station Case No. 426

             dated 04.06.2012.

                   I have taken into account the statement as also the

             joint application under Section 28 of the Special Marriage

             Act, 1954 filed by Piyali Dutta nee Ghosh and Tapas Kumar
                           2




Dutta, the present petitioner. Paragraph 9(d) of the said

application is set out as follows :


      "9. d). The wife petitioner no.1 further undertake to co-operate
      for   withdrawing   all   proceeding   including   the   criminal
      proceeding under Section 498A of the Cr.P.C. initiated at the
      instant of the petitioner no.1 against the petitioner no.2 up to
      Hon'ble High Court at Calcutta or Apex Court. It is further
      declaring by the petitioner no.1 that only after materialization
      of the said acts, the wife petitioner no.1 shall use the said
      draft for encashment only, otherwise, the petitioner no.2 shall
      have or reserve his right to stop payment of said draft. It is
      further asserted that the allegations made in the complaint
      under the proceeding of Section 498A of the Cr.P.C. were false
      and it was the vindication and retaliation of grudge and
      anguish with reality.
             Be it mention that Their Lordships were pleased to
      pass an order and/or directions upon the petitioners and also
      the learned Trial Court, the said order copy obtained from
      Official High Court Website is enclosed herewith and marked
      with letter "B"."


      Reference has also been made in respect of the money

receipt with regard to two demand drafts in favour of the said

Piyali Dutt nee Ghosh which amounted to Rs.10,00,000/-

and was dated 04.07.2022. The present case was initiated in

the year 2012. More than 11 years have passed and in the

meantime in MAT Suit No. 1640 of 2022, the learned District

Judge, Barasat, North 24-Parganas was pleased to observe as

follows :


      "That the Matrimonial Suit under Section 28 of the Special
      Marriage Act, 1954, be and the same is decreed by mutual
      consent. The marriage between Smt. Piyali Dutta nee Ghosh
      and Sri Tapas Kumar Dutta which was solemnized on
      25.01.2010, as per provisions of the Special Marriage Act,
                            3




      1954, and the marital relationship between them stand
      dissolved with effect from this date."


      Having regard to the changed circumstances, I am of

the opinion that further continuance of the proceedings

arising out of Baguiati Police Station Case No. 426 dated

04.06.2012

corresponding to G.R. Case No. 2914 of 2012 under Section 498A of the Indian Penal Code pending before the learned Chief Judicial Magistrate, Barasat, North 24- Parganas would result in abuse of process of law. As such, the said proceedings are quashed.

The revisional application being CRR 4407 of 2022 is, thus, allowed.

Pending connected application, if any, is consequently disposed of.

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

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

(Tirthankar Ghosh, J.)

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