Ritika Saha v. State Of West Bengal And ORS.

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri CRR 3614 of 2022 Ritika Saha Vs.

The State of West Bengal & Ors.

Mr. Gautam Chakraborty Mr. Kartik Kumar Ray ...for the petitioner Mr. J. N. Manna ...for the respondent No.2 Item No. 04 Heard & Judgment on:

13.12.2022 Bibek Chaudhuri, J.

Both the petitioner and the private opposite party are present in Court. The opposite party No.2 is the ex-husband of the petitioner

and the marriage between the parties was amicably dissolved by a decree of divorce under Section 13(b) of the Hindu Marriage Act. On the complaint submitted by the petitioner police submitted charge sheet under Sections 379/411/450/452/420/468/467/471/506/307/120B/34 of the Indian Penal Code against the opposite party.

It appears from the charge sheet that offence under Section 468/467/471/307 of the Indian Penal Code are not compoundable in nature.

However, in joint petition for compromise it is stated by the de facto complainant/petitioner that subsequent to the filing of the complaint she ascertained that there was no occasion for the opposite party No.2 to commit any offence of forgery of valuable security or for the purpose of cheating or using any forged document as genuine. It is also stated by her that the opposite party No.2 never acted in a manner that attracts the penal provision under Section 307 of the Indian Penal Code against the opposite party. The petition of complaint was filed due to matrimonial dispute between the parties which has been amicably settled.

In view of the joint petition for compromise and relying on the decision of the Hon'ble Supreme Court in the case of Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State

of Gujarat and anr. reported in (2017) 9 Supreme Court Cases 641 this Court is inclined to accept the joint petition for compromise. Accordingly, the application for effecting settlement of NTS PS Case No.124 of 2020 dated 10th October, 2020 corresponding to G.R. Case No. 1433 of 2020 is accepted. Further proceedings in respect of the above noted case be quashed.

The instant revision is, accordingly, disposed of. (Bibek Chaudhuri, J.)