Daliya Mondal v. State Of West Bengal & ANR.

04.01.2022

IN THE HIGH COURT AT CALCUTTA

Item No.22 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3964 of 2016 (Via Video Conference) Daliya Mondal versus State of West Bengal & Anr.

In Re: An Application under Section 482 read with Section 401 of the Code of Criminal Procedure.

Mr. Saryati Datta ... For the Petitioner.

Mr. Imran Ali, Ms. Debjani Sahu ... For the State.

Ms. Koyeli Bhattacharya ... For the Opposite Party No.2.

The petitioner and the private opposite party have filed a joint compromise petition being CRAN 1 of 2021 in CRR 3231 of 2019, inter alia, praying for termination of the proceedings relating to Sankrail Police Station Case No. 69/2015 dated 26.01.2015 under Sections 498A/406/34 of the Indian Penal Code.

A report has been submitted by Officer-in-Charge, Manikpur Investigation Centre under Sankrail Police Station, Howrah Police Commissionerate which encloses a letter of de facto complainant at whose instance the case was initiated. A photostat copy of the said report dated 01.09.2021 be kept with the record.

Having regard to the change of circumstances and prima facie materials available in the records revealing that the case arose out of matrimonial discord, I am of the opinion

that further continuance of the proceedings is unwarranted in view of the compromise arrived at between the parties. Thus, all further proceedings arising out of Sankrail Police Station Case No. 69/2015 dated 26.01.2015 (G.R. Case No. 690/2015) under Sections 498A/406/34 of the Indian Penal Code and the charge-sheet filed in connection with the said case being charge-sheet No. 70/2015 dated 20.02.2015 under Sections 498(A)/34 of the Indian Penal Code pending before the learned Judicial Magistrate, 5th Court, Howrah be quashed.

Accordingly, the prayer advanced in the revisional application being CRR 3964 of 2016 is allowed. Interim order, if any, be made absolute.

All pending connected applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)