Sujit Kumar Ghosh & Ors vs State Of West Bengal & Anr
2021 Latest Caselaw 5532 Cal

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side

Present:

The Hon'ble Justice Jay Sengupta

CRR 1001 of 2017 CRAN 1 of 2019 (Old CRAN 3011 of 2019) Sujit Kumar Ghosh & Ors.

Vs.

STATE OF WEST BENGAL & ANR.

For the Petitioners             : Mr. Abhik Sarkar


For the O.P.                    : Mr. Biswajit Tiwari


For the State                   : Ms. Faria Hossain
                                  Ms. Baisali Basu

Heard on                        : 07.10.2021

Judgment on                     : 07.10.2021


Jay Sengupta, J.:

This is an application for quashing of a proceeding under

Sections 498A and 34 of the Penal Code in G.R. Case No. 105 of 2014

pending before the learned Additional Chief Judicial Magistrate,

Tehatta, Nadia on the ground of compromise and settlement arrived at

between the private parties.

Report filed on behalf of the State containing, among other

things, statements of the husband and the wife, is taken on record.

Learned counsel appearing on behalf of the petitioners submits

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

defacto complainant-opposite party. During pendency of the

proceeding, at the intervention of common friends and family

members, a compromise and settlement was arrived at between the

accused and the defacto complainant of all disputes that had led to

the initiation of the impugned proceeding. In fact, the couple has

decided stay together and lead a happy conjugal life.

Learned counsel appearing on behalf of the defacto

complainant-wife submits as follows. A compromise and settlement

was arrived at between the private parties of all disputes that had led

to the filing of the First Information Report. The two have decided to

continue with their marital tie. They also have a minor child to take

care of. A joint compromise application has also been filed in this

regard.

Learned counsel appearing on behalf of the State relies on the

case diary, the report filed by the State and fairly submits as follows.

The State would not come in the way if a compromise and settlement

is arrived at between the private parties. No inquiry report is available

in case diary.

I have heard the submissions of the learned counsels appearing

on behalf of the parties and have perused the revision petition.

It appears that a settlement and compromise has indeed been

arrived at between the accused and the defacto complainant of all

disputes that had led together initiation to the criminal proceeding.

The husband and wife have decided to bury the hatchet and stay

together.

This is a fit case for quashing the proceeding on the ground of

settlement in view of the decision of the Hon'ble Apex Court in Gian

Singh vs. State of Punjab & Anr., (2012) 10 SCC 303.

In view of the above, 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 judgment may be

delivered to the learned Advocates for the parties, if applied for, upon

compliance of all formalities.

(Jay Sengupta,J.)

tbsr