Indrajit Mitra & Ors vs State Of W.B. & Another
2021 Latest Caselaw 1570 Cal

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side

Present:

The Hon'ble Justice Jay Sengupta

CRR 346 of 2020 With IA No: CRAN 1 of 2020 (Old No: CRAN 473 of 2020)

Indrajit Mitra & ors.

Vs.

                        State of W.B. & another


For the Petitioners             : Ms. Eshita Dutta


For the State                  : Ms. Sayanti Santra


For the O.P. No.2              : Ms. Jonaki Saha


Heard on: 26th February, 2021

Judgment on : 26th February, 2021




       The Court:

This is an application for quashing of a proceeding in which a

charge-sheet was submitted under Sections 376, 420 and read with

Section 120B of the Indian Penal Code.

A report dated 20.03.2020 filed by the Investigating Officer of

the case, as filed in Court, is taken on record.

Learned counsel appearing on behalf of the petitioners submits

as follows. The petitioner no.1 is the prime accused and the petitioner

nos. 2 to 4 are the relatives of the petitioner no.1. It was alleged by the

victim/opposite party no.2 in her First Information Report that despite

given a promise to marry and consequently, entering into the

relationship, the petitioner no.1 refused to marry the defacto-

complainant. In course of the proceeding and at the intervention of

common friends, the disputes that had led to the registration of the

First Information Report were compromised and settle between the

private parties. In fact, the petitioner no.1 got married to the opposite

party no.2 and they are leading a happy married life. In the interest of

justice, the impugned proceeding ought to be quashed on the ground

of compromise and settlement.

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 private parties of all disputes that

had led to the initiation of the impugned proceeding. In fact, a joint

compromise application has been filed by the private parties in this

regard annexing a copy of the certificate of marriage that took place

between the petitioner no.1 and the opposite party no.2

Learned counsel appearing on behalf of the State relies on the

case diary and the report filed by the Investigating Officer and submits

as follows. As would be evident from the report filed by the

Investigating Officer annexing a copy of the marriage registration

certificate of the couple that the petitioner no.1 and the opposite party

no.2 have got married. It appears that the alleged victim is leading a

happy conjugal life with the petitioner no.1 and does not want to

proceed with the case. In the event, such a compromise and

settlement is arrived at between the private parties, the State would

not come in the way of such settlement.

I have heard the submissions of the learned counsels appearing

on behalf of the petitioners, the opposite party and the State and have

perused the revision petition, the case diary and the report filed on

behalf of the State.

It appears that the disputes that had led to the initiation of the

impugned proceeding have been settled between the accused and the

defacto-complainant/victim. In fact, the prime grievance of the victim

that the petitioner no.1 refused to marry her has been addressed in as

much as the two have got married to each other.

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

impugned proceeding on the ground of compromise and settlement

arrived at between the private parties.

Accordingly, the revisional application and the connected

application are 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.)

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