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2026 DAILYLAW 22893 (CAL)

HITESH KUMAR MITTAL v. ANJALI JHA

CRR/2169/2025 · 2026-06-11

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

11.06.2026 Sl. No.08. D/L. Mithun. Ct.No.29. CRR/2169/2025 With IA No: CRAN/3/2026 Hitesh Kumar Mittal Vs. Anjali Jha Ms. Shruti Swaika, Mr. Roshan Pathak …for the petitioners Ms. Priya Ghosal, Ms. Sili Kisku …for the opposite party Petitioner herein have prayed for quashment of proceeding being Complaint Case No.291 of 2024 presently pending before learned 7th Judicial Magistrate, Asansol under Sections 323/324/325/498A/406/506 of the IPC read with Sections 3/ 4 of the Dowry Prohibition Act. Being aggrieved by the aforesaid proceeding, learned Counsel for the petitioner has submitted that by suppressing material facts, the opposite party lodged the instant complaint and thereby has implicated the petitioner and his family members. However, during pendency of the instant proceeding, the petitioner and the opposite party herein have mutually settled their dispute which is primarily a matrimonial dispute and also private in nature. Learned Counsel appearing on behalf of the opposite party no.2 submits that in view of such amicable settlement, the complainant had decided not to proceed with the aforesaid criminal 2 proceeding and she also decided not to adduce evidence supporting the imputations levelled in the complaint and, therefore, both the learned Counsel appearing on behalf of opposite party no.2 as well as learned Counsel appearing on behalf of the petitioner submit that further continuance of the impugned proceeding would be nothing but mere abuse of the process of the Court and, therefore, both of them have prayed for quashment of the said proceeding. Having heard learned Counsel for the petitioner and also considering the submissions made on behalf of the petitioner, it appears that the complainant had decided not to adduce evidence against the petitioner in view of amicable settlement arrived at by and between the parties and, as such, I find that even if the proceeding is allowed to continue, chance of conviction is bleak and, as such, further continuance of the impugned proceeding would indeed be mere abuse of the process of the Court. In view of above, CRR 2169 of 2025 is allowed. The impugned proceeding being Complaint Case No.291 of 2024 presently pending before learned 7th Judicial Magistrate, Asansol is hereby quashed. Thus, connected application also stands disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. ( Dr. Ajoy Kumar Mukherjee, J. )