Sakuntala Sardar And ORS 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 CRR 715 of 2022 With CRAN 1 of 2022 Sakuntala Sardar and Ors.

Vs.

The State of West Bengal and Anr.

Mr. Subhrajyoti Ghosh ..for the petitioner Mr. I. Roy ...for the opposite party No.2.

Mr. Sandip Chakraborty .....for the State Item No. 02 Heard & Judgment on:

27.02.2023 Bibek Chaudhuri, J.

Out of matrimonial discord on the basis of a written complaint submitted by the opposite party No.2 Kultali Police Station Case No. 377 of 2021 dated 3rd August, 2021 under Sections 498A/323 of the Indian Penal Code presently pending before the learned Additional Chief Judicial Magistrate, Baruipur has been registered. The petitioners/accused persons have approached this Court for quashing of the said proceedings. During pendency of the instant revision a joint petition for settlement has been filed by both the parties. This Court directed the Investigating Officer/Officer-in-charge of Kultali P.S. to record further statement of the de facto complainant to ascertain as to whether the de facto complainant has settled the dispute voluntarily and willfully.

From the statement it appears that the de facto complainant has been leading a peaceful family life with her husband and other matrimonial relations and she does not want to proceed with the criminal case instituted against the accused persons.

Under such circumstances, G.R. Case No. 4704 of 2021 be quashed on the basis of out of Court settlement arrived at by and between the parties.

The trial Court be informed.

The instant revision along with the connected application are disposed of.

(Bibek Chaudhuri, J.)