Dinesh Kumar Patel vs The State Of West Bengal & Anr
2021 Latest Caselaw 1586 Cal

     Form No. J(2)

       IN THE HIGH COURT AT CALCUTTA
           CRIMINAL REVISIONAL JURISDICTION

Present:
The Hon'ble Justice Jay Sengupta


                   C.R.R. 89 of 2021
                      CRAN 1 of 2021

                  Dinesh Kumar Patel
                            -vs-
             The State of West Bengal & Anr.

For the Petitioners         : Mr. Md. Karim Warsi
                              Mr. Md. Rahim Warsi


For the Opposite party      : Ms. Arpita Mondal
                              Ms. Soni Gupta


For the State               :Ms. Sukanya Bhattacharya
                             Mr. Md. Kutubuddin


Heard on                    : 01.03.2021


Judgment on                : 01.03.2021
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Jay Sengupta, J.:

       This is an application for quashing of a proceeding

in which a charge-sheet was submitted under Sections

376, 417 and 506 of the Indian Penal Code.

       The learned counsel appearing on behalf of the

petitioner submits as follows. The prime grievance of the

defacto-complainant/opposite party no.2 was that despite

giving promise, the petitioner did not marry her. During

pendency of the revisional application, all the disputes

that had led to the initiation of the impugned proceeding

have been settled and compromised between the private

parties.    In    fact,   the   petitioner    and     the   defacto-

complainant have got married. Reliance is placed on the

copy   of   the     marriage    certificate   dated    18.10.2019

appended to the joint compromise application. The

husband and wife are leading a happy married life and in

view of the above, the impugned proceeding ought to be

quashed.

       Learned counsel appearing on behalf of the defacto-

complainant/opposite party submits as follows. The

disputes between the private parties that had led to the

registration of the First Information Report have been
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compromised and settled between the accused and the

victim. In fact, the accused has got married to the victim.

In view of the same, the impugned proceeding ought to be

quashed on the ground of compromise and settlement.

      Learned counsel appearing on behalf of the State

relies on the case diary and the subsequent statement of

the victim lady recorded under Section 164 of the Code on

22.02.2021

and submits as follows. The defacto-

complainant has given a statement under Section 164 of

the Code. The petitioner was her boyfriend and presently

they are married to each other. The husband and the wife

are living happily and the defacto-complainant did not

have any allegation against the petitioner.

It appears that an amicable settlement and

compromise has been arrived at between the accused and

the victim lady. In fact, they have got married to each

other and are leading a happy married life.

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.

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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