High CourtsSingle Bench(2018) 04 CAL CK 0073

SOUVIK KUNDU vs THE STATE OF WEST BENGAL & ANR.

Calcutta High Court · Decided on 4 April 2018

HON’BLE JUDGES
SHIVAKANT PRASAD, J
RESULT
Disposed Of
CASE NUMBER
CRR No.4002 of 2017 With CRAN 5340 of 2017

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Judgment

22 paragraphs · 413 words

Mr. Souvik Kundu, petitioner and Smt. Sima Maitra, opposite party no. 2 have filed no objection endorsement of Vakalatnama by Mr. Soumajit

Chatterjee, advocate and Mr. Apurba Kumar Chakraborty, advocate.

The parties in person moved the application being CRAN 5340 of 2017 arising out of CRR 4002 of 2017 and they have prayed for compromise of the

matter and for quashing of the proceeding being G.R. Case No. 5237 of 2017 arising out of Belgharia Police Station Case No. 691 of 2017 dated

07.08.2017 under Sections 498A/406 of the Indian Penal Code read with Sections 3/ 4 of

Dowry Prohibition Act pending in the Court of learned Additional Chief Judicial Magistrate, Barrackpore at North 24 Parganas whereby and

whereunder the petitioner husband has filed the revisional application for quashing of the said proceeding. The petitioner and the opposite party no.

2 are husband and wife.

The applicant-petitioner no. 2/wife had initiated the present criminal proceeding against the applicant-petitioner no. 1/husband being CRR No. 4002 of

2017. During the pendency of the proceeding the applicants have settled their dispute having cropped up between them and they are living together

happy conjugal life. The family friends and well-wishers of the respective parties have intervened and the dispute between them have been

amicably settled and now they have no grievance against each other and they do not want to proceed with this litigation any further. The offences

as alleged are not compoundable in nature. Accordingly, the applicants both have prayed for quashing the proceeding being G.R. Case No. 5237 of

2017 arising out of Belgharia Police Station Case No. 691 of 2017 dated 07.08.2017.

In order to maintain spontaneous marital relationship between the applicants, this Court in the larger interest of the parties as they are living peaceful

conjugal life, the application for compromise being CRAN 5340 of 2017 be allowed.

I, accordingly, quash the impugned proceeding in G.R. Case No. 5237 of 2017 arising out of Belgharia Police Station Case No. 691 of 2017 dated

07.08.2017 under Sections 498A/406 of the Indian Penal Code read with Sections 3/ 4 of Dowry Prohibition Act pending in the Court of learned

Additional Chief Judicial Magistrate, Barrackpore at North 24 Parganas.

CRR 4002 of 2017 is thus disposed of.

A copy of this order be sent to the learned Additional Chief Judicial Magistrate, Barrackpore at North 24 Parganas forthwith.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties as early as possible.