Susanta Roy And ORS v. State Of West Bengal And ANR

25.03.2021 Item no.5 Ct. No.2 CHC CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE JUISDICTION (Through Video Conference) IA No. C.R.A.N.1 of 2021 C.R.R.87 of 2019 In the matter of:- Susanta Roy & ors.

.....petitioners Mr. Nabankur Paul, Mr. Debanshu Modak ....for the petitioner in virtual mode Mr. Aditi Shankar Chakraborty, Ld. A.P.P.

Mr. Ujjwal Luksom ....for the State Mr. Arijit Ghosh ...for the o.p. no.2 in virtual mode Parties are represented through their learned advocates, names of whom are shown at the beginning of this ordersheet. The instant revisional application is for quashing of a case relatable to G.R. Case No.3253 of 2018 under Sections 498A/506 of the Indian Penal Code read with Sections 3/ 4 of the Dowry Prohibition Act, now pending before the learned Judicial Magistrate, 4th Court, Siliguri, District- Darjeeling, on the ground of mutual settlement reached between the parties. A separate C.R.A.N. application being C.R.A.N.1 of 2021 has also been taken out, which is supported by four affidavits including the victim Kajal Raha.

Learned advocate representing the State raises objection submitting that the offences sought to be compounded are not compoundable in nature, and more so, chargesheet in this case has already been submitted making out a prima facie case. In paragraph -11 of C.R.A.N. application there is reference that all the disputes and differences between the parties have been settled amicably upon reaching a compromise outside the Court forgetting their respective mutual differences. When the dispute between the parties has already been amicably settled outside the Court, the Court should not stand on the way.

The pending G.R. Case No.3253 of 2018 of Learned Judicial Magistrate, 4th Court, Siliguri, under Sections 498A/506 of the Indian Penal Code read with Sections 3/ 4 of the Dowry Prohibition Act stands quashed qua three petitioners namely, Susanta Roy, Puspa Roy and Sarbani Kar Roy involved in this revisional application.

By reason of the compromise reached between the parties, the instant revisional application and C.R.A.N. application referred above stand disposed of.

Urgent Xerox certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Subhasis Dasgupta, J.)