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Calcutta High CourtCRR/211/2020disposed

Vinod Agarwal & ORS v. State Of West Bengal & ANR

2020-09-21Hon'Ble Justice Bibek Chaudhuri2 pages

21.09.2020 Sl. No. 44 Srimanta/Mithun I.A.No:CRAN/1/2020(Old No.: CRAN/802/2020), CRAN/2/2020 (Old No.:CRAN/3825/2020) in CRR No.211/2020 (Via Video Conference) In Re: An application under Section 482 of the Code of Criminal Procedure, 1973 in connection with quashing of the charge sheet being Charge Sheet No.767/2017 dated 06.09.2017 under Sections 498A/323/406/34 of the Indian Penal Code and 3 & 4 of Dowry Prohibition Act corresponding to the First Information Report of Baguihati Police Station Case No.595 of 2017 dated 23-08-2017.

And In the matter of : Vinod Agarwal & Ors. ... Petitioners Mr. Subhamoy Bhattacharyya, Adv., Mr. Shankar Mukherjee, ... for the petitioners.

Mr. Saibal Bapuli,Ld. A.P.P., Ms. Sayanti Santra, Adv.

... for the State Mr. Sarangam Chakraborty, Adv.

...for the Opposite Party No.2 The instant criminal revision has been filed praying for quashing of charge sheet No.767 of 2017 dated 6th September, 2017 under Sections 498A/323/406/34 of the Indian Penal Code and 3 & 4 of Dowry Prohibition Act which was subsequently registered as G.R. Case No.2747 of 2017 on the ground that the matrimonial dispute between the parties have been amicably settled and the parties do not want to proceed

with the said criminal case. It is also submitted on behalf of the petitioners that both the parties have filed an application under Section 13B of the Hindu Marriage Act praying for divorce of mutual consent after amicable settlement of the dispute. The pendency of this case only stands on the way in the matter of amicable settlement. Mr. Bapuli, learned Advocate for the State, also concedes to the submission made by the learned Advocate for the petitioners. It is also submitted by him that the terms of settlement is lawful and accordingly, the charge sheet may be quashed.

In view of such submission made on behalf of the State of West Bengal, Charge Sheet No.767 of 2017 under Sections 498A/323/406/34 of the Indian Penal Code and 3 & 4 of Dowry Prohibition Act be quashed and G.R. Case No.2747 of 2017 be dropped.

The instant criminal revision is, accordingly, disposed of on contest, however, without costs.

( Bibek Chaudhuri, J. )