Sakuntala Sardar And Ors vs The State Of West Bengal And Anr
2023 Latest Caselaw 1455 Cal

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


Present :
The Hon'ble Justice Bibek Chaudhuri


                            CRR 715 of 2022
                                 With
                             CRAN 1 of 2022



                          Sakuntala Sardar and Ors.
                                   Vs.
                      The State of West Bengal and Anr.



Mr. Subhrajyoti Ghosh
                 ..for the petitioner

Mr. I. Roy
             ...for the opposite party No.2.

Mr. Sandip Chakraborty
                .....for the State


Item No. 02


Heard & Judgment on:          27.02.2023


Bibek Chaudhuri, J.

Out of matrimonial discord on the basis of a written

complaint submitted by the opposite party No.2 Kultali Police

Station Case No. 377 of 2021 dated 3 rd August, 2021 under

Sections 498A/323 of the Indian Penal Code presently pending

before the learned Additional Chief Judicial Magistrate, Baruipur

has been registered. The petitioners/accused persons have

approached this Court for quashing of the said proceedings.

During pendency of the instant revision a joint petition for

settlement has been filed by both the parties. This Court

directed the Investigating Officer/Officer-in-charge of Kultali P.S.

to record further statement of the de facto complainant to

ascertain as to whether the de facto complainant has settled the

dispute voluntarily and willfully.

From the statement it appears that the de facto

complainant has been leading a peaceful family life with her

husband and other matrimonial relations and she does not want

to proceed with the criminal case instituted against the accused

persons.

Under such circumstances, G.R. Case No. 4704 of 2021 be

quashed on the basis of out of Court settlement arrived at by

and between the parties.

The trial Court be informed.

The instant revision along with the connected application

are disposed of.

(Bibek Chaudhuri, J.)