Sudipta Mahadani & Ors vs The State Of West Bengal & Ors
2021 Latest Caselaw 6010 Cal

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side

Present:

The Hon'ble Justice Jay Sengupta

CRR 1263 of 2018

Sudipta Mahadani & Ors.

Vs.

The State of West Bengal & Ors.

For the Petitioners                :    Mr. Raghunath Adhikary
                                        Ms. Tanaya Banerjee


For the State                      :    Mr. Binay Panda
                                        Mr. Subham Bhakat
                                        Ms. Puspita Saha

For the de facto/complainant    :       Ms. Moumita Bhattacharjee

Heard on                            :   2nd December, 2021

Judgment on :                      :    2nd December, 2021



Jay Sengupta, J. :

This is an application seeking a quashing of a proceeding being G.R.

Case No. 1325 of 2010 pending before the Learned Chief Judicial Magistrate,

Serampore, Hooghly in which the charge-sheet was submitted under Section

406 and 498A read with Section 34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits as

follows. The petitioners are the husband and the other in-laws of the

opposite party no.2. The disputes that had led to the initiation of the

impugned proceeding have all been settled between the private parties. In

fact, the husband and the wife are staying together.

Learned counsel appearing on behalf of the victim/opposite party no.2

submits as follows. A compromise and settlement has indeed been arrived at

between the accused and the de facto-complainant/victim. In view of the

same the impugned proceeding may be quashed.

Learned counsel for the State relies on a skeleton case diary and

submits as follows. It does not appear that any injury report was mentioned

in the charge-sheet. The State would not come in the way if a settlement and

compromise is arrived at between the accused and the victim.

I have heard submissions of the learned counsels appearing on behalf

of the parties and have perused the revision petition and the skeleton case

diary.

It appears that a compromise and settlement has been arrived at

between the private parties of all disputes that had led to the registration of

the First Information Report.

It is submitted by the learned counsels of the private parties that the

husband and wife are staying together.

This appears to be a fit case for quashing of proceeding on the ground

of compromise and settlement in terms of the guidelines laid down by the

Hon'ble Apex Court in Gain Singh Vs. State of Punjab and Another (2012) 10

SCC 303.

In view of the above and interest of justice, I quash the impugned

proceeding on the ground of compromise and settlement arrived at between

the accused and the victim.

With these observations, the revisional application is disposed of

Urgent photostat certified copies of this order may be delivered to the

learned Advocates for the parties, if applied for, upon compliance of all

formalities.

(JAY SENGUPTA,J )

Tbsr