Pronoytosh Das & Anr vs The State Of West Bengal & Ors
2021 Latest Caselaw 5917 Cal

30-11-2021
 ct no. 13
 Sl.8
    sp


                       WPA 13638 of 2021
                      Pronoytosh Das & Anr.
                               Versus
                  The State of West Bengal & Ors.

                        (Via Video Conference)

             Mr. Amitava Ghosh,
             Sk. Siyauddin
                                              ...for the petitioners

             Mr. Jishnu Chowdhury,
             Mr. Robiul Islam
                                                   ...for the State

             Mr. Rachit Lachmani,
             Mr. Arindam Paul
                                       ...for the respondent no.5

This Court has heard the

petitioners/parents, the son, daughter-in-law and

the police.

It is clear and evident to this Court that the

parties do not wish that the acrimony between

them to continue. This Court, therefore, directs as

follows;

(a) The son and daughter-in-law being the

respondent nos. 5 and 6 shall leave the

house and should not enter into the

same except for the purpose indicated

hereinbelow.

(b) On the 4th and 5th of December, 2021,

the son and daughter-in-law

accompanied by technicians, helpers

and two police personnel from the Sinthi

Police Station shall be allowed to access

the premises to remove their fixtures

and articles therefrom.

(c) The son and daughter-in-law shall not

claim any right of residence in the said

premises during the lifetime of the

parents.

(d) The right of the son and daughter-in-law

in the said property shall not be

exstinguished by reason of this order

and shall arise if available, after the

death of parents.

The Sinthi Police Station Case Nos.

67/2021 dated 18.08.2021 and 69/2021 dated

21.08.2021 and the Misc. Case No. 29 of 2021

under the Protection of Women from Domestic

Violence Act, 2005, pending before the learned

J.M., 5th Court, Sealdah, and all other complaints

by the parties against one another shall remain

stayed sine die.

The respondent nos. 5 and 6 shall as far as

possible open all padlocks in the said premises.

The keys to the padlocks are unavailable, the

petitioners shall be entitled to break open the

same in presence of the police personnel and a

representative of the respondent nos. 5 and 6.

Counsel for the petitioners submits on

instructions that his clients shall not seek any

maintenance from the private respondent nos. 5

and 6 during their lifetime since they are secured

and have their own source of sustenance and

livelihood.

All allegations in criminal law made against

the parties against one another shall deem to have

come to an end and shall stand extinguished as

on date.

With the aforesaid observations, the writ

petition is disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)