Samit Das 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 961 of 2023 Samit Das & Ors.

Vs.

State of West Bengal & Anr.

For the petitioner :

Mr. Anirban Dutta, Mr. Abir Chakraborty For the State :

Ms. Faria Hossain, Ms. Baisali Basu For the opposite Party No. 2 :

Ms. Priyanka Mukherjee Judgement on :

10.04.2023.

Bibek Chaudhuri, J.

A criminal proceeding under Sections 498A/325/307/34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act is sought to be quashed on the basis of a joint application for mutual settlement. Only non-compoundable offence is 307 of the Indian Penal Code. The petitioner has filed the injury report of the de facto complainant which shows that the injury received by the de facto complainant was simple in nature. Moreover, after initial treatment she was discharged from the hospital. Therefore, I do not

find any prima facie ingredient under Section 307 of the Indian Penal Code. A criminal case arising out of a matrimonial dispute can be settled in view of the guideline laid down by the Hon'ble Supreme Court in Parbatbhai Aahir @ Parbathbhai Bhimsinhbhai -Vs.- The State of Gujarat reported in (2017) 9 SCC 641. The State of West Bengal was directed to ascertain as to whether de facto complainant has settled the dispute without any threat or coercion. It is informed by the Inspector-in-Charge, Kandi Police Station by submitting a report through the learned Public Prosecutor-in-Charge that the de facto complainant has settled the dispute willingly and voluntarily. In view of such circumstances, the instant application is allowed.

Accordingly, further proceeding in connection with SSL Case No. 08/2023 corresponding to GR Case No. 191/2022 arising out of Kandi Police Station Case No. 55/2022 dated 27th January, 2022 under Sections 498A/325/307/34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act be quashed. The report submitted by the Inspector-in-Charge, Kandi Police Station be retained in record.

(Bibek Chaudhuri, J.) Srimanta, A.R.(Ct.) Item No. 06.