BISWAJIT CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned Advocates appearing for the parties.

(2.) The appeal being C.R.A. No. 317 of 2003 was preferred by the appellants assailing the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 2nd Court, Siliguri in Sessions Trial No. 40/2002 (G.R. Case No. 54/2001) arising out of.Siliguri P.S. Case No. 25 dated 16.1.2001. Challenging the same judgment and order the de facto complainant filed a revisional application being C.R.R. No. 2273 of 2003, praying for enhancement of sentence.

(3.) But now it appears from the submission of Mr. Ganguly, learned Advocate appearing for the appellants in the appeal and Mr. Banerjee, learned Advocate appearing for the petitioners in the revision that the matter has been settled out of Court at the intervention of well-wishers and common friends. The de facto complainant/wife and appellant No. 1 Biswajit Chakraborty have jointly filed an application before the learned District Judge, Darjeeling for decree of divorce on mutual consent, which is now pending before the learned Additional District Judge, Siliguri for necessary order. In terms of the mutual settlement between the parties, both of them have decided to withdraw all the pending cases against each other. In view of such settlement between the husband and wife, the appeal filed by the appellants against order of conviction and sentence should be allowed and the revision filed by the de facto complainant for enhancement of sentence should be treated as not pressed.