Shri Akash Agarwal & Ors vs The State Of West Bengal & Anr
2022 Latest Caselaw 248 Cal

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION

Present:

The Hon'ble Justice Jay Sengupta

C.R.R. 1578 of 2021 CRAN 1 of 2021

Shri Akash Agarwal & Ors.

-vs-

The State of West Bengal & Anr.

For the Petitioner             : Mr. Pawan Kumar Gupta
                                 Ms. Sofia Nesar


For the Opposite party No. 2    : Mr. Deepak Agarwal
                                 Mr. Santanu Sett


For the State                   : Mr. Arijit Ganguly
                                 Ms. Manisha Sharma


Heard on                       : 01.02.2022


Judgment on                     : 01.02.2022



Jay Sengupta, J.:

This is an application seeking quashing of a proceeding in

ACGR Case No. 1005 of 2020 presently pending before the

learned Additional Chief Judicial Magistrate, Alipore, South 24

Parganas in which a charge sheet was submitted under Sections

406, 498A, 120B of the Indian Penal Code and Sections 3 and 4 of

the Dowry Prohibition Act.

A copy of the further statement of the victim lady recorded by

the investigating officer on 01.01.2022, as filed on behalf of the

State, is taken on record.

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 / de facto complainant. During

pendency of the impugned proceeding, a compromise and

settlement was arrived at between the parties of all disputes that

had led to the initiation of the impugned proceeding. A joint

compromise application is filed in this regard. In view of this,

impugned proceeding ought to be quashed on the ground of

compromise and settlement.

The de facto complainant / opposite party refers to the

joint compromise application and submits as follows. A

compromise and settlement has indeed been arrived at between

the accused and the victim. The de facto complainant has also

given a further statement before the investigating agency in this

regard. In view of the settlement and compromise, the impugned

proceeding ought to be quashed.

Learned counsel appearing on behalf of the State relies

on the case diary and the further statement of the victim lady and

submits as follows. It appears that a settlement and compromise

has been arrived at between the private parties. The State would

not come in the way if such compromise is arrived at between the

accused and the victim as the disputes involved are purely

matrimonial and private in nature.

I have heard the submissions of the learned counsels

appearing on behalf of the petitioner, the de facto complainant and

the State and have perused the revision petition, the joint

compromise application and the further statement of the victim lady

recorded by the investigating agency.

It appears that 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.

I find the present case to be an apt case were

quashing can be effected on the ground of settlement between the

private parties in terms of the decision of the Hon'ble Apex Court in

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

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 accused and the victim/de facto

complainant.

Accordingly, CRR 1578 of 2021 and CRAN 1 of 2021

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 requisite formalities.

(Jay Sengupta, J.)

SB