Vinod Agarwal & ORS v. State Of West Bengal & ANR
21.09.2020 Sl. No. 45 Srimanta/Mithun I.A.No:CRAN/1/2020(Old No.: CRAN/803/2020), CRAN/2/2020 (Old No.:CRAN/3826/2020) in CRR No.212/2020 (Via Video Conference) In Re: An application under Article 227 of the Constitution of India, 1950 read with Section 482 of the Code of Criminal Procedure, 1973 in connection with quashing of the impugned proceedings being S.C. Case NO. 395 of 2019 arising out of G.R.Case No.1065 of 2018 corresponding to Baguihati Police Station Case No. 139 of 2018 dated 08.04.2018 under Sections 498A/406/307 of the Indian Penal Code.
And In the matter of : Vinod Agarwal & Ors. ... Petitioners Mr. Subhamoy Bhattacharyya, Adv., Mr. Shankar Mukherjee, ... for the petitioners.
Mr. Sudip Ghosh, Adv., Mr. Apurba Kumar Datta, 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 the impugned proceedings being S.C. Case No.395 of 2019 arising out of G.R. Case No.1065 of 2018 corresponding to Baguihati Police Station case No.139 of 2018 dated 08.04.2018 under Sections 498A/406/307 of the Indian Penal Code 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. Ghosh, 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, S.C. Case No.395 of 2019 under Sections 498A/406/307 of the Indian Penal Code be quashed and G.R. Case No.1065 of 2018 be dropped.
The instant criminal revision is, accordingly, disposed on contest, however, without costs.
( Bibek Chaudhuri, J. )