Nishant Harlalka 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.

IA No: CRAN/1/2023 In C.R.R. 4292 of 2022 Nishant Harlalka & Ors.

Vs.

The State of West Bengal & Anr.

For the petitioner : Mr. Sanat Kumar Das, Adv.

Mr. Sujan Chatterjee, Adv.

Ms. Souparna Sinha, Adv.

For O.P. No.2 : Ms. Rituparna De Ghose, Adv. Ms. Souryadeep Ghosh, Adv.

For the State : Mr. Sudip Ghosh, Adv.

Mr. Bitasok Banerjee, Adv.

Heard on : 23.02.2023 Judgment On : 23.02.2023.

Bibek Chaudhuri, J.

CRAN 1 of 2023 is an application for effecting settlement on the basis of a joint application for compromise filed by both the petitioners and the opposite party No.2.

CGR Case No.2904 of 2021 corresponding to Ballygunge Police Station Case No.120 of 2021 dated 8th October, 2021 was initiated under Sections 498A/406/34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act presently pending before the Court of the learned Chief Judicial Magistrate at Alipore. The said case was initiated on the basis of a written complaint submitted by the opposite party No.2/de-facto complainant. Now the de-facto complainant and the accused persons have arrived at a mutual settlement.

In view of such compromise, parties have prayed for quashing of the criminal proceeding referred to above. On the last occasion, this Court directed the learned Public Prosecutor-in-Charge to produce the report of the Investigating Officer after examining the de-facto complainant as to whether the de-facto complainant has conceded to compromise the case voluntarily and willingly. Statement of the de-facto complainant recorded and it is ascertained that the de-facto complainant voluntarily out of her own accord prays for settlement of the dispute. It is also stated that she agreed to such settlement without any threat, coercion and undue influence.

In view of such amicable settlement, CGR No.2904 of 2021 be quashed.

Learned Chief Judicial Magistrate at Alipore is directed to pass formal order of discharge in favour of the accused persons. The report submitted by the police be kept with the record,. The instant application is accordingly disposed of. (Bibek Chaudhuri, J.) Mithun De/ A.R. (Ct).

Sl No.5.

D/L.