SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

(Souvik Kundu vs The State Of West Bengal & Anr. ) on 4 April, 2018

1

04.4.2018
(05)

( p.j.)

CRR No.4002 of 2017
With
CRAN 5340 of 2017

(Souvik Kundu -vs.- The State of West Bengal Anr. )

Mr. Souvik Kundu
….. petitioner (in person).

Smt. Sima Maitra
……O.P. no. 2 (in person).

Mr. Souvik Kundu, petitioner and Smt. Sima Maitra, opposite party no. 2

have filed no objection endorsement of Vakalatnama by Mr. Soumajit Chatterjee,

advocate and Mr. Apurba Kumar Chakraborty, advocate.

The parties in person moved the application being CRAN 5340 of 2017

arising out of CRR 4002 of 2017 and they have prayed for compromise of the

matter and for quashing of the proceeding being G.R. Case No. 5237 of 2017

arising out of Belgharia Police Station Case No. 691 of 2017 dated 07.08.2017

under Sections 498A/406 of the Indian Penal Code read with Sections 3/ 4 of

Dowry Prohibition Act pending in the Court of learned Additional Chief Judicial

Magistrate, Barrackpore at North 24 Parganas whereby and whereunder the

petitioner husband has filed the revisional application for quashing of the said

proceeding. The petitioner and the opposite party no. 2 are husband and wife.

The applicant-petitioner no. 2/wife had initiated the present criminal proceeding
2

against the applicant-petitioner no. 1/husband being CRR No. 4002 of 2017.

During the pendency of the proceeding the applicants have settled their dispute

having cropped up between them and they are living together happy conjugal

life. The family friends and well-wishers of the respective parties have intervened

and the dispute between them have been amicably settled and now they have no

grievance against each other and they do not want to proceed with this litigation

any further. The offences as alleged are not compoundable in nature.

Accordingly, the applicants both have prayed for quashing the proceeding being

G.R. Case No. 5237 of 2017 arising out of Belgharia Police Station Case No. 691

of 2017 dated 07.08.2017.

In order to maintain spontaneous marital relationship between the

applicants, this Court in the larger interest of the parties as they are living

peaceful conjugal life, the application for compromise being CRAN 5340 of 2017

be allowed.

I, accordingly, quash the impugned proceeding in G.R. Case No. 5237 of

2017 arising out of Belgharia Police Station Case No. 691 of 2017 dated

07.08.2017 under Sections 498A/406 of the Indian Penal Code read with

Sections 3/ 4 of Dowry Prohibition Act pending in the Court of learned

Additional Chief Judicial Magistrate, Barrackpore at North 24 Parganas.

CRR 4002 of 2017 is thus disposed of.

A copy of this order be sent to the learned Additional Chief Judicial

Magistrate, Barrackpore at North 24 Parganas forthwith.
3

Urgent Photostat certified copy of this order, if applied for, be supplied to

the parties as early as possible.

(Shivakant Prasad, J.)

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please CLICK HERE to read Rules of Group, If You agree then Message us on Above Number.

We handle Women centric biased laws like False 498A, Domestic Violence(DVACT), Divorce, Maintenance, Alimony, Child Custody, HMA24, 125 CrPc, 307, 313, 376, 377, 406, 420, 506, 509 etc

Web Design BangladeshWeb Design BangladeshMymensingh