Malay Dutta And ORS v. The 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 1284 of 2023 With CRAN 1 of 2023 Malay Dutta and Ors.

Vs.

The State of West Bengal & Anr.

Mr. Prasad Bhattacharyya ..for the petitioner Mr. Saswata Gopal Mukherjee, Ld. P.P.

Ms. Faria Hossain Mr. Anand Keshari Ms. Mamata Jana ..for the State Mr. Siddhartha Sarkar ..for the O.P. No.2 Item No.08 Heard & Judgment on:

02.05.2023 Bibek Chaudhuri, J.

Affidavit of service be kept with the record.

During pendency of the instant revision the parties have come up with a joint application praying for recording an order of compromise as the dispute has been amicably settled by and between the parties. After receiving the application, Investigating Officer's report was called for through the learned P.P.-in-charge. The Investigating Officer has submitted a report stating, inter alia, that the parties have settled the dispute amicably and there is no need to proceed with G.R. Case No. 2826 of 2021 pending before the learned Chief Judicial Magistrate, Krishnanagar any further. It appears from the record that the said case was instituted under Sections 498A/323 of the Indian Penal Code. The offences are also compoundable in nature.

It appears from the record that charge sheet has been submitted under Sections 498A/323/34 of the Indian Penal Code. The offence under Section 323 of the Indian Penal Code is compoundable. In view of the decision of the Hon'ble Supreme Court in Parbatbhai Aahir alas Parbatbhai Bhimsinhbhai Karmur and ors. vs. State of Gujarat and Anr. reported in (2017) 9 Supreme Court Cases

641. The offence under Section 498A of the Indian Penal Code can be compromised in order to maintain the social order and the family bondage. Therefore, considering the report of the Investigating Officer the application for joint compromise is accepted.

G.R. Case No. 2826 of 2021 be quashed.

The instant revision is accordingly disposed of on compromise. (Bibek Chaudhuri, J.)