Deepmala Chowdhury And ORS v. The State Of West Bengal And ANR

14.03.2023 Sl. No.05.

D/L.

Mithun.

Ct.No.42.

IA No: CRAN/1/2022 In CRR/4201/2022 Deepmala Chowdhury & Ors.

Vs.

The State of West Bengal & Anr.

Mr. Prosenjit Biswas, Adv.

Mr. Sujoy Sarkar, Adv.

Mr. Rahul Chachan, Adv.

Sk. Qaareeb, Adv.

...for the petitioners.

Mr. Arijit Ganguly, Adv, Mr. S.K. Dan, Adv.

...for the State.

This is an application under Section 482 of the Code of Criminal Procedure being Madhyamgram Police Station Case No.762 of 2021 dated 8th December, 2021 under Sections 323/327/325/448/506/354B/120B of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate at Barasat corresponding to G.R. No.3410 of 2021. During pendency of the instant revision the petitioners and the private opposite party have filed a joint petition for compromise stating, inter alia, that the dispute between the parties have been amicably settled and the de-facto complainant does not want to proceed with the aforesaid criminal case.

It is ascertained from the record that this case is a counter blast of a complaint filed by the petitioner No.1 against her

husband under Sections 498A/406 of the Indian Penal Code. The said case is quashed on amicable settlement. The petitioner No.1 and her husband have been living together and they are leading happy and peaceful marital life. The learned Public Prosecutor-inCharge has filed a report submitted by S.I. of Police, Madhyamgram Police Station. Along with the said report, a written statement of the de-facto complainant has been annexed. It is found from the said report that the de-facto complainant does not want to proceed with the case against the petitioners and such settlement has been arrived at without any force, threat or coercion.

Considering such aspect of the matter, this Court accepts the prayer for amicable settlement of the criminal case pending before the learned Additional Chief Judicial Magistrate at Barasat. In view of such settlement, Madhyamgram Police Station Case No.762 of 2021 dated 8th December, 2021 corresponding to G.R. No.3410 of 2021 be quashed.

The learned Additional Chief Judicial Magistrate is directed to discharge the accused persons on the basis of the order passed by this Court.

The report be kept with the record.

( Bibek Chaudhuri, J. )