Calcutta High CourtCRR/198/2023dismissed for non prosecution

Nadeem Shahzada v. State Of West Bengal And ANR

2023-03-16Hon'Ble Justice Bibek Chaudhuri2 pages

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 : Mr. Tarique Quasimuddin, Adv. Mr. Shahanawaz Alam, Adv.

For the State : Mr. Madhusudan Sur, Adv.

Mr. Manoranjan Mahata, 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 18th 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.