Shuvro Mukherjee 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 CRAN/1/2022 In C.R.R. 2537 of 2022 Shuvro Mukherjee Vs.

The State of West Bengal & Anr.

For the petitioner : Mr. Apalak Basu, Adv.

Mr. Nazir Ahmed, Adv.

For O.P.No.2 : Mr. Debanik Banerjee, Adv.

Mr. S.S. Biswas, Adv.

Heard on : 12.08.2022 Judgment On : 12.08.2022.

Bibek Chaudhuri, J.

Bidhannagar(South) Police Station Case No.54 of 2021 under Sections 498A/308/341/323/325/506 of the Indian Penal Code read with Section 3 / 4 of the Dowry Prohibition Act was registered on the basis of a written complaint submitted by one Sanjukta Ghosh, wife of the petitioner. The investigation of the case ended in filing chargesheet. The case is now pending before the learned Additional Sessions Judge, 4th Fast Track Court at Barasat. During the pendency

of the instant revision both the parties have filed a joint petition for compromise, stating, inter alia, that the dispute between the parties has been amicably settled and both the husband and wife are now residing together. At present there is no matrimonial discord. So the further proceeding in Sessions Case No.331 of 2021 arising out of Bidhannagar (South) Police Station Case No.54 of 2021 may be dropped.

It is needless to say that this Court under its inherent power can record amicable settlement of a case which is the result of matrimonial discord between the parties. In support of my observation, decision of the Hon'ble Supreme Court in Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur & Ors. Vs. State of Gujarat & Anr. Reported in (2017) 9 Supreme Court Cases 641 may be relied on.

The learned Advocate for the petitioner has produced the copies of the documents which the petitioner received in compliance of Section 207 of the Code of Criminal Procedure. On perusal of the documents in the form of the statement made by the witnesses, I do not find any ingredient of offence under Section 308 of the Indian Penal Code.

In view of such circumstances, the compromise between the parties is accepted.

The learned Trial Judge is requested to drop the proceeding being Sessions Case No.331 of 2021 in terms of this order. Parties are directed to act upon the server copy of the order. The instant revision and connected application is, thus, disposed of.

(Bibek Chaudhuri, J.) Mithun De/ A.R. (Ct).

Sl No.6.

D/L.