Amit Kumar Tulsyan 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 1895 of 2022 Amit Kumar Tulsyan Vs.

The State of West Bengal and Anr.

Mr. K. C. Garg .for the petitioner Ms. Sunita Agarwal ..for the O.P. No.2 Mr. Imran Ali Ms. Sujata Das ..for the State Item No. 04.

Heard & Judgment on:

08.05.2023 Bibek Chaudhuri, J.

The petitioner is an accused of Girish Park P.S. Case No. 122 of 2021 dated 31st July, 2021 under Sections 498A/406/509/34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition

Act. The petitioner has filed the instant revision praying for quashing of the said proceeding. The opposite party has filed an affidavit stating, inter alia, that the dispute between her and the petitioner has been amicably settled and compromised out of Court and she has no grievance against the petitioner and her matrimonial relations. The marriage between the parties was dissolved mutually under Section 13(b) of the Hindu Marriage Act. Therefore, if the instant revision is allowed, the opposite party No.2 has no objection. The opposite party No. 2 is present in Court.

I have interrogated the opposite party No.2. On such interrogation it appears that the opposite party has voluntarily settled the dispute out of Court without any threat, coercion or undue influence.

In view of such circumstances, the instant revision is allowed. Further proceedings in Girish Park P.S. Case No. 122 of 2021 dated 31st July, 2021 under Sections 498A/406/509/34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act presently pending before the learned Additional Chief Metropolitan Magistrate, Calcutta be quashed.

(Bibek Chaudhuri, J.)