Tapas Biswas & ORS. v. State Of West Bengal & ANR.

28.08.2024 Sl.No. 91 Ct. 32 Amalranjan In The High Court At Calcutta Criminal Revisional Jurisdiction Appellate Side CRR 1562 of 2017 With CRAN 2/2017 (Old CRAN 4984/2017) With CRAN 3/2024 Tapas Biswas and ors.

Vs.

The State of West Bengal and anr.

Ms. Afreen Begum.......for the o.p. 2

1. No one appears on behalf of the petitioners on call. No accommodation was sought for.

2. Ms. Afreen Begum, learned advocate appointed by the High Court Legal Services Committee represents the opposite party no. 2.

3. She submits that a settlement has been arrived by and between the parties out of court. Accordingly, a joint compromise application being CRAN 3/2024 has been filed praying for quashing of the proceeding for securing the ends of justice.

4. It is further submitted that her client does not want to pursue with the instant case any further owing to settlement.

5. It appears from the application that both the parties have settled their disputes out of court and filed a joint compromise petition on behalf of the parties.

6. This instant revisional application has been filed by the petitioners under Section 482 of the Code of Criminal Procedure seeking quashing of proceedings being Burdwan Women Police Station Case no. 79 dated 12.02.2016 pending before the learned Chief Judicial Magistrate, Burdwan, under Sections 120B/406/ 498A/506/504/34 of the IPC.

7. From the allegation, it appears that the disputes between the parties arose due to the matrimonial dispute. Now, the parties have arrived at a settlement and the de facto complainant does not want to proceed with the instant case.

8. In such circumstances, this is a fit case to exercise its inherent power or jurisdiction under Section 482 of the Cr.P.C. corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 to quash the FIR and consequential proceedings to prevent the abuse of process of law and to secure the ends of justice.

9.

Proceeding being Burdwan Women Police Station Case no. 79 dated 12.02.2016 pending before the learned Chief Judicial Magistrate, Burdwan, under Sections 120B/406/ 498A/506/504/34 of the IPC

stands quashed insofar as the petitioners are concerned.

10.

With the aforesaid observations, CRR 1562 of 2017 is hereby disposed of.

11.

Consequently, CRAN 2/2017 (Old CRAN 4984/2017) and CRAN 3/2024 are, thus, disposed of.

12.

Interim order, if any, stands vacated.

13.

Let the order be communicated to the Ld. Court below for information.

14.

All parties are to act in terms of the copy of this order downloaded from the official website of this court.

15.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties taking all legal formalities.

( Ajay Kumar Gupta, J. )