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2025 DAILYLAW 416 (TRI)

Smt. Puja Bhattacharjee v. The State of Tripura and Ors.

Crl.A./1/2025 · 2025-09-22

Biswajit Palit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF TRIPURA AGARTALA Crl. A. No.01 of 2025 Smt. Puja Bhattacharjee, W/O Sri Subir Acharjee, Resident of Joyram Kutir, West bank of Jagannath Dighi, P.S.-R.K. Pur, District-Gomati Tripura. ….Victim/Appellant. Versus (1) The State of Tripura, Represented by the Secretary To the Department of Home New Secretariat Complex, P.S.-N.C.C. District-West Tripura (2) Sri Subir Acharjee, S/O Sri Subhash Acharjee (3) Sri Subhash Acharjee, S/O Late Sushil Acharjee (4) Smt. Parul Acharjee, W/O Sri Subhash Acharjee All are Resident of Chanban, Near Ajachok Ashram, P.S.- R.K. Pur, District-Gomati Tripura. …….Respondents. For Appellant (s) : Mr. Debalay Bhattacharya, Sr. Adv. Mr. Samar Das, Adv. For Respondent(s) : Mr. Rajib Saha, Addl. P.P. Ms. Saswati Nag, Adv. HON’BLE MR. JUSTICE BISWAJIT PALIT Order 22/09/2025 Learned Senior Counsel, Mr. D. Bhattacharya assisted by Learned Counsel, Mr. S. Das is present on behalf of the appellant. Learned Counsel, Ms. S. Nag is present on behalf of the private respondents No.2, 3 and 4. Learned Addl. G.A., Mr. R. Saha is present on behalf of the State-respondent. In the meantime, on behalf of the appellant one application under Section 391 of Cr.P.C is filed. Heard both the sides. Perused the affidavit filed by the appellant. At the time of hearing, Learned Senior Counsel, Mr. D. Bhattacharya appearing on behalf of the appellant drawn the attention of the Court that between the rival parties some matrimonial discord took place and ultimately they preferred one divorce petition before the Court of Learned Judge, Family Court, Udaipur, South Tripura which has been settled between the parties and Learned Judge, Family Court, Udaipur, Gomati, Tripura by order dated 04.08.2025 has dissolved the marriage by a decree of divorce amongst the rival parties w.e.f. 04.08.2025 and as such the parties are not interested to proceed further with the present appeal. This appeal was preferred under Section 372 of Cr.P.C. challenging the judgment and order of acquittal dated 23.09.2024 in Crl. A. No.02 of 2024 passed by Learned Additional Sessions Judge, Gomati District, Udaipur. By the said judgment and order, Learned Additional Sessions Judge, Gomati District, Udaipur was pleased to set aside the order of conviction and sentences dated 03.02.2024 passed by Learned Chief Judicial Magistrate, Gomati Judicial District, Udaipur in PRC(WP) 217 of 2021 under Section 498(A)/323 of IPC. So, Learned Senior Counsel submitted that since the marriage has been dissolved by a decree of divorce and as such the present appellant is not interested to proceed further with the appeal and urged for disposal of this case. No objection raised by Learned Counsel, Ms. S. Nag appearing on behalf of the private respondents. There is also no objection from the side of the State for disposal of this appeal. In view of the submission made by both the sides, this present appeal stands disposed of being not pressed by the parties. This appeal stands disposed of accordingly. Send down the record to the Learned Trial Court along a copy of this order. Pending application(s), if any, also stands disposed of. JUDGE Amrita AMRITA DEB Digitally signed by AMRITA DEB Date: 2025.09.22 17:35:26 +05'30'