Mijanur Mallick And Others v. State Of West Bengal And ANR

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri IA No.:CRAN/1/2023 in CRR 411 of 2023 Mijanur Mallick & Ors.

Vs.

State of West Bengal & Anr.

For the petitioner :

Ms. Sonali Das For the State :

Mr. Rudradipta Nandy, Ms. Manisha Sharma For the opposite Party no. 2 :

Mr. Dhananjoy Banerjee Judgement on :

10.04.2023.

Bibek Chaudhuri, J.

This is a joint petition for effectuating compromise between the petitioners and the opposite party no. 2. It is found from the report that Chandrakona Police Station Case No. 193/2019 dated 22nd June, 2019 under Sections 498A/323/307/406/34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act was instituted on the basis of a written complaint submitted by the opposite party no. 2. The opposite party no. 2 has settled the dispute between her and the petitioners who are the husband and other matrimonial

relations. Since the dispute crops up out of a matrimonial discord relying on the decision of the Hon'ble Supreme Court in Parbatbhai Aahir @ Parbathbhai Bhimsinhbhai -Vs.- The State of Gujarat reported in (2017) 9 SCC 641 the instant case can be compromised by and between the parties.

Moreover, this Court vide order dated 21st March, 2023 directed the Officer-in-Charge of Chandrakona Police Station to examine the de facto complainant to ascertain as to whether the compromise has been effected freely and voluntarily without any threat, coercion or undue influence. The opposite party no. 2 has made a statement before the Officer-in-Charge of the concerned Police Station that she has freely and voluntarily compromised the dispute arisen between them. In view of such circumstances, the instant application is allowed. Accordingly, Chandrakona Police Station Case No. 193/2019 dated 22nd June, 2019 be quashed.

(Bibek Chaudhuri, J.) Srimanta, A.R.(Ct.) Item No. 04.