Rahul Jaiswal & Ors vs State Of West Bengal & Anr
2022 Latest Caselaw 1347 Cal

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present:

The Hon'ble Justice Jay Sengupta

CRR 37 of 2022 CRAN 1 of 2022 Rahul Jaiswal & Ors.

Vs.

State of West Bengal & Anr.

For the Petitioners             : Mr. Satadru Lahiri
                                  Mr. Safdar Azam

For the O.P. No. 2             : Mr. Sanat Kr. Das
                                 Mr. Sujan Chatterjee


For the State                   : Mr. Saswata Gopal Mukherjee
                                  Mr. Sandip Chakraborty

Heard on                        : 21.03.2022

Judgment on                     : 21.03.2022


Jay Sengupta, J.:

This is an application for quashing of a proceeding in G.R. Case

No. 528 of 2021 under Sections 406, 498A and 34 of the Penal Code

and Sections 3 and 4 of the Dowry Prohibition Act presently pending

before the learned Chief Metropolitan Magistrate, Calcutta.

Learned counsel appearing on behalf of the accused petitioners

submits as follows. The petitioners are the husband and the other

in-laws who have been made an accused in this case while the

opposite party no. 2 is the wife/de facto complainant. In the course of

the proceeding, a settlement and compromise was arrived at between

the private parties of all disputes that had led to the registration of the

First Information Report. The couple in question decided to part

ways.

Learned counsel appearing on behalf of the de facto

complainant/opposite party no. 2 submits as follows. The opposite

party no. 2 has settled the issue with the accused petitioners and does

not want to continue the impugned proceeding. She has already

entered into a joint compromise application to this effect and has also

given statement to the police in terms of Section 161 of the Code. In

view of the compromise and settlement arrived at between the private

parties, the impugned proceeding may be quashed.

Learned counsel appearing on behalf of the State relies on the

case diary and on a subsequent statement of the de facto complainant

recorded by the investigating officer on 25.02.2022, which is taken on

record, and submits as follows. It appears that in course of the

impugned proceeding, a settlement was arrived at between the

accused and the victim of all disputes that had led to the initiation of

the present proceeding. There is no injury report available in the case

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

settlement is arrived at between the private parties.

I have heard the submissions of the learned counsels appearing

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

joint compromise application, the case diary and the subsequent

statement made by the victim lady under Section 161 of the Code.

It appears that a settlement has arrived at between the accused

petitioners and the defacto complainant victim of all disputes that had

led to the registration of First Information Report.

This is a fit case where the proceeding can be quashed on the

ground of compromise in terms of the ratio laid down by 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