Citation : 2022 Latest Caselaw 8262 Cal
Judgement Date : 13 December, 2022
Form J(1) IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction
Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
CRR 3613 of 2022
Ritika Saha
Vs.
The State of West Bengal & Ors.
Mr. Gautam Chakraborty
Mr. Kartik Kumar Ray
...for the petitioner
Mr. J. N. Manna
...for the respondent No.2
Item No. 03
Heard & Judgment on: 13.12.2022
Bibek Chaudhuri, J.
Both the petitioner and the private opposite party are present
in Court. The opposite party No.2 is the ex-husband of the petitioner
and the marriage between the parties was amicably dissolved by a
decree of divorce under Section 13(b) of the Hindu Marriage Act.
On the complaint submitted by the petitioner police submitted
charge sheet under Sections
326/307/351/379/411/386/426/506/34/120B of the Indian Penal
Code against the opposite party. At present the parties have filed a
joint petition for compromise stating, inter alia, that the dispute has
been amicably settled and the de facto complainant does not want to
proceed with the said police case. It appears from the charge sheet
that the penal provisions for which the accused /opposite party No.2
was put to trial are compoundable in nature. Therefore, I do not find
any predicament in recording compromise in the instant case on the
basis of the joint compromise petition. It is submitted on behalf of the
petitioner/de facto complainant that she voluntarily put her signature
on the joint compromise petition without having any undue influence
or coercion.
Considering such aspect of the matter the instant revision is
disposed of on the basis of the joint petition for compromise.
Further proceedings in connection with G.R. Case No.1232 of
2020 arising out of NTSPS Case No.105 of 2020 pending before the
learned Judicial Magistrate, 4th Court at Durgapur be quashed on the
basis of the compromise arrived at by and between the parties before
this Court.
The parties are at liberty to act on the server copy of the order.
The instant revision is disposed of.
(Bibek Chaudhuri, J.)
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