Abhisek Mallick And Others 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 2877 of 2022 With CRAN 1 of 2022 Abhisek Mallick and Ors.

Vs.

The State of West Bengal & Anr.

Ms. Manaswita Mukherjee Mr. Ayan Chakraborty Ms. Sohini Mukherjee ...for the petitioners Mr. Ankit Misra ...for the O.P. No.2 Mr. S. G. Mukherjee, Ld. P.P.

Mr. Imran Ali Ms. Debjani Sahu ..for the State Item No.01 Heard & Judgment on:

17.04.2023 Bibek Chaudhuri, J.

On the basis of a written complaint submitted by the opposite party No.2 Uttarpara P.S. Case No. 216 of 2020 dated 23rd July, 2020 under Sections 498A/406 of the Indian Penal Code was registered against the petitioners. The said case subsequently numbered as G.R. Case No. 929 of 2020 is now pending before the learned Judicial Magistrate, 5th Court, Serampore. The petitioners/accused persons filed the instant revision praying for quashing of the said proceeding. During the pendency of the instant revision the parties have effectuated the compromise between themselves. Initially the petition for compromise has been filed before this Court. On the last occasion, the petitioner was directed to serve a copy of the petition to the learned P.P. -in-charge for submission of a report of the Inspector-incharge of Uttarpara P.S. after ascertaining if the compromise has been arrived at freely and voluntarily without any threat, coercion or undue influence. Learned P.P.-in-charge has submitted a report. It appears that the settlement was free from any threat, coercion or undue influence.

In view of such circumstances and considering the fact that the dispute arose out of matrimonial discord, the joint application for compromise is allowed.

In view of the above order, further proceeding in connection with G. R. Case No. 929 of 2020 pending before the learned Judicial Magistrate, 5th Court at Serampore be quashed. The instant revision along with the connected application is disposed of.

(Bibek Chaudhuri, J.)