Calcutta High Court (Appellete Side)
Tirtha Sankar Das & Anr vs State Of West Bengal & Anr on 9 June, 2022
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION
APPELLATE SIDE
Present:
The Hon'ble Justice Ajoy Kumar Mukherjee
CRR 1695 of 2019
Tirtha Sankar Das & anr.
Vs.
State of West Bengal & anr.
For the petitioners: Mr. Somnath Ray Chowdhury
For the State: Mr. Saswata Gopal Mukherjee
Ms. Faria Hossain
Mr. Anand Keshari
Heard on: 07th June, 2022
Judgment on: 09th June, 2022
Ajoy Kumar Mukherjee, J.
1. The present revisional application has been preferred for quashing of the
proceeding of GR case no. 2806 of 2018 pending before the learned Judicial
Magistrate, First Class, 2nd Court at Howrah and the charge-sheet filed therein
vide no. 67 of 2018 dated 28.7.2018 under Section 498A/342/323/506 and 34
of the Indian Penal Code arising out of Santragachi Police Station case no. 49
of 2018 dated 27.5.2018 under Section 498A/342/323/506 and 34 of the
Indian Penal Code.
2. It is submitted on behalf of the petitioner that the marriage between
petitioner no. 1 and the daughter of opposite party no. 2 was solemnised on
26th November, 2009 and the marriage was duly registered. Thereafter, they
were living happy conjugal life at the house of the petitioners but subsequently,
some disputes and differences cropped up. The daughter of opposite party no.
2 left her matrimonial home with her minor children and started to reside at
her paternal house at Panskura, Medinipore. On May 27, 2018 opposite party
no. 2 lodged a written complaint at Santragachi Police Station which was
registered as Santragachi Police Station case no. 49 of 2018 under Section
498A/342/323/506 and 34 of the Indian Penal Code. After perfunctory
investigation, a charge-sheet was submitted by the Investigating Officer being
charge-sheet no. 67 of 2018 dated 18.7.2018 under Section
498A/342/323/506 and 34 of the Indian Penal Code and learned Chief
Judicial Magistrate vide his order dated 11.2.2009 had taken cognizance.
During pendency of the aforesaid criminal proceeding, the parties have settled
their disputes amicably and presently they are residing together with their
minor children at Santragachi. The daughter of opposite party no. 2/ defacto
complainant has already affirmed an affidavit stating that they have settled
the said dispute. In view of the aforesaid settlement and in view of the fact that
the marital knot of the petitioner no. 1 and daughter of opposite party no. 2
has been saved from being broken, due to amicable settlement, arrived at by
and between the parties, the continuance of the instant proceeding under
Section 498A/342/323/506 and 34 of the Indian Penal Code would be nothing
but abuse of the process of law and the same is required to be quashed.
3. Learned counsel for the petitioner in support of their contention relied
upon the Apex court judgment in the case of B.S. Joshi and ors., Vs. State of
Haryana & anr., (2003) 4 SCC 675.
4. It appears from record that this court vide its order dated 14 th December,
2021 was pleased to direct the State to produce the case diary as well as to
submit a report recording statement of Nalini Bera and Sangita Das nee Bera.
In compliance of the aforesaid order, police had recorded the statement of
Sangita Das nee Bera and Nalini Bera wherefrom it appears that said Sangita
Das nee Bera is presently living with her hunband, Tirtha Sankar Das at 16,
J.N. Mitra Sarani, Santragachi and presently they do not have any problem nor
they do have any allegation against each other.
5. State is represented and learned counsel for the State submits that state
has nothing to say with the amicable settlement arrived at by and between the
parties.
6. When the spouses want to forget their past misdeeds or differences and
is living together again, it is futile on the part of the courts to still continue,
simply because the offence is non-compoundable. If the parties have settled
dispute voluntarily and are living peacefully, the court should not disturb the
calm atmosphere created in their matrimonial life by not exercising the power
under section 482 Cr. P.C.
7. In view of the fact that alleged victim does not want to prosecute
accused persons and having considered the facts and circumstances of the
case and also relying upon the ratio as laid down in the B.S. Joshi & ors.
(supra) judgement along with the observation made therein that there is every
likelihood that non-exercise of inherent power to quash the proceeding to meet
the ends of justice would prevent women from settling earlier, which is not the
object of chapter XX-A of the Indian Penal Code and also considering the fact
that there being not even remote chance of conviction, in view of above, I find
that this is a fit case where invoking power under Section 482 of the Code of
Criminal Procedure, the entire proceeding should be quashed.
8. In view of the above, the entire proceeding being GR case no. 2806 of
2018 under Section 498A/342/323/506 and 34 of the Indian Penal Code is
hereby quashed.
Accordingly, CRR 1695 of 2019 is disposed of.
There will be no order as to costs .
Urgent photostat certified copy of this judgment, if applied for, be supplied to
the parties upon compliance with all requisite formalities.
(AJOY KUMAR MUKHERJEE)
