Nadeem Shahzada vs The State Of West Bengal & Anr
2023 Latest Caselaw 1757 Cal

Form J(1)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                            Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                      C.R.R. 198 of 2023
                       Nadeem Shahzada
                               Vs.
                The State of West Bengal & Anr.

For the petitioner    : Md. Sabir Ahmed, Adv.
                        Mr. Biswajit Sarkar, Adv.
For the O.P. No.2     : Md. Abdur Rakib Adv.
                        Mr. Dhiman Banerjee, Adv.
For the State         : Mr. Saswata Gopal Mukherjee, Ld.P.P.
                        Mr. Imran Ali, Adv.
                        Ms. Debjani Sahu, Adv.
Heard on              : 16.03.2023

Judgment On           : 16.03.2023.

Bibek Chaudhuri, J.

By filing an application under Section 482 of the Code of

Criminal Procedure, the petitioner/husband has prayed for quashing

of charge-sheet and all subsequent proceedings in connection with

Domjur Police Station Case No.660 of 2022 dated 18 th August, 2022

under Sections 498A of the Indian Penal Code corresponding to G.R.

No.4769 of 2022.

During pendency of the instant revision both the parties have

filed a joint petition for compromise stating, inter alia, that the

dispute between the parties has been amicably settled and the instant

revision may be disposed of on compromise. On the last occasion,

this Court directed the police authority to obtain report after

examining the de-facto complainant/wife to ascertain as to whether

the compromise has been arrived at voluntarily, without any threat,

coercion or undue influence. The Investigating Officer has obtained a

statement from the de-facto complainant who stated that she has no

grievance if the matter is compromised and such compromise has

been effected voluntarily. She does not want to proceed with G.R.

Case No.4769 of 2022 presently pending before the learned Chief

Judicial Magistrate at Howrah.

In view of such circumstances, the application for joint

compromise is accepted. Further proceeding in connection with G.R.

Case No.4769 of 2022 pending before the learned Chief Judicial

Magistrate at Howrah be quashed.

In view of the instant order, learned Chief Judicial Magistrate,

Howrah is directed to discharge the accused in accordance with law.

The report submitted by the police authority be kept with the

record.

Parties are act on the server copy of this order.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.04.

D/L.