Padam Lohariwal 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/1/2022 in CRR 2393 of 2022 Padam Lohariwal Vs.

State of West Bengal & Anr.

For the Petitioner :

Mr. Debangan Bhattacharjee, Adv., Mr. Devanand Mishra, Adv., Ms. Swarnali Saha, Adv.

For the State :

Mr. Joydeep Roy, Adv., Mrs. Sujata Das, Adv.

For the Opposite Party No. 2 :

Mr. Prashat Kumar Singh, Judgement on :

22.08.2022.

Bibek Chaudhuri, J.

Affidavit-of-service filed in Court today be kept with the record.

This is an application praying for effectuating settlement of G.R. Case No. 410/2020 arising out of Bidhannagar East Police Station Case No. 48/2020 dated 10th July, 2020 under Sections 498A/506 of the Indian Penal Code. Both the petitioner and the private opposite party are personally present in Court. It is submitted by the parties that the matrimonial

dispute between them has been amicably settled. The petitioner does not want to proceed with the instant revisional application.

By filing the instant application the petitioner has prayed for quashing further proceeding of GR Case No. 410/2020, pending before the Learned Additional Chief Judicial Magistrate at Bidhannagar on the ground of amicable settlement. It is needless to say that an offence under Sections 498A/506 of the Indian Penal Code are non-compoundable in nature. However, following the decision of the Hon'ble Supreme Court reported in 2017 Vol. 9 SCC 641 (Parbatbhai Aair @ Parbatbhai -Vs.- The State of Gujarat), this Court has the inherent power to record settlement of dispute in a non-compoundable offence of purely personal in nature having no wider ramification involving the interest of the State. The Learned Advocate for the State has also raised no objection if the dispute is settled. For the reasons stated above, the instant application (being CRAN/1/2022) is accepted. The revisional application is disposed of recording amicable settlement by and between the parties.

The parties are directed to appear in the Trial Court within 3 weeks from the date of the order with a joint petition for compromise and on such application being filed by the parties, the Learned Magistrate shall drop GR Case No. 410/2020 without any further delay.

CRAN/1/2022 is disposed of.

The police report be kept with the record.

(Bibek Chaudhuri, J.) Srimanta, A.R.(Ct.) Item No. 02.