Biman Bihari Nath And Ors vs The State Of West Bengal And Anr
2022 Latest Caselaw 4507 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                                Appellate Side

Present :
The Hon'ble Justice Bibek Chaudhuri


                               CRR 2610 of 2021
                                  With
                               CRAN 1 of 2022


                          Biman Bihari Nath and Ors.
                                     Vs.
                      The State of West Bengal and Anr.


For the petitioner:     Mr. Bhaskar Ghosh

For the O.P. No.2:       Mr.   Srinjay Sengupta
                         Mr.   Saurav Roy
                         Mr.   Narattam Acharyya
                         Mr.   Ankush Ghosh

For the State:           Mr. Saibal Bapuli
                         Mr. Arijit Ganguly
                         Mr. Sanjib Kumar Dan




Item No.03



Heard & Judgment on:            20.07.2022
                                    2




Bibek Chaudhuri, J.

The instant revision is filed by the husband and other

matrimonial relations of the opposite party No.2 for quashing of the

criminal proceeding being Lake Police Station Case No.226 of 2016

(C.G.R. No. 3779 of 2016) under Sections 498A/406/354/325/114 of

the Indian Penal Code pending before the learned Chief Judicial

Magistrate, Alipore, South 24 Parganas on the ground that the dispute

between the parties has been amicably settled.

During pendency of the instant application a report of the

Officer-in-charge of Lake Police Station was called for directing him to

record a statement of the de facto complainant to ascertain as to

whether the matrimonial dispute between the parties has been settled

amicably by virtue of a Memorandum of Settlement dated 6 th March,

2019.

The de facto complainant unequivocally stated before the

Officer-in-charge of Lake Police Station that the dispute between her

and her husband has been settled and pursuant to the Memorandum

of Settlement dated 6th March, 2019 executed by and between the

parties and all the contending issues were resolved.

When in a matrimonial case the parties have entered into a

settlement and compromise is effected, this Court has ample power

under Section 482 of the Code of Criminal Procedure to quash the

proceeding pending between them on the ground that continuation of

such proceeding will be a mere formality and no fruitful result will be

sub-served if the criminal case is allowed to be proceeded with.

In view of such circumstances and for the reasons stated above,

Lake Police Station Case No.226 of 2016 (C.G.R. No. 3779 of 2016)

under Sections 498A/406/354/325/114 of the Indian Penal Code is

quashed.

The instant criminal revision is, thus, disposed of on the basis of

the above settlement.

The application is also disposed of.

(Bibek Chaudhuri, J.)