SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Avradeb Das @ Avradev Das vs The State Of West Bengal & Anr on 25 July, 2018

1

In The High Court At Calcutta
Criminal Revisional Jurisdiction
25.07.18

CRAN 1835 of 2018
CRR 1832 of 2018
Avradeb Das @ Avradev Das

-Vs-

The State of West Bengal Anr.

Ms. Subhasree Patel
… for the petitioners.

Mr. S.G.Mukherjee, Ld P.P.

Mr. Ayan Basu
… for the State.

Ms. Pallabi Biswas
… for the opposite party no.2.

This is an application for effecting compromise arrived at by and between

the parties out of Court arising out of revisional application being CRR 1832 of

2018 whereby and whereunder the petitioner/husband prayed for quashing of

the proceedings being A.C.G.R. 1950 of 2018, pending before the learned

Additional Chief Judicial Magistrate at Alipore, arising out of Survey Park Police

Station Case No. 58 of 2018 dated April 20, 2018 for commission of offences

under Sections 323/307/498A of the Indian Penal Code, 1860, inter alia, on the

grounds stated in the petition.

It is contended on behalf of the petitioner, the opposite party no. 2 and also

the learned advocate for the State that the petitioner and the opposite party no. 2

are living happy married life as per the averments made in paragraph 6 of the

joint compromise petition. My attention is also invited to the order dated April 24,
2

2018 passed by the learned Additional Chief Judicial Magistrate, Alipore, South

24-Parganas wherefrom it is revealed that the learned Magistrate while admitting

the petition of interim bail perused the case diary and found that the injury was

not serious enough to construe offence u/s 307 IP|C whereas the allegation

made was that the husband had tried to kill his wife by throttling neck, though,

there is no material as such in the record and in consideration of the fact that

the wife and the husband are living happily.

In view of the compromise arrived at, I do not find any legal impediment, if

the private dispute is settled between the petitioner and the opposite party no.2.

Therefore, the prayer of the petitioner and the opposite party no. 2 is

considered and the proceedings being A.C.G.R. 1950 of 2018, pending before the

learned Additional Chief Judicial Magistrate at Alipore, arising out of Survey Park

Police Station Case No. 58 of 2018 dated April 20, 2018 for commission of

offences under Sections 323/307/498A IPC is hereby quashed.

Thus, the revisional application being CRR 1832 of 2018 and CRAN 1835

of 2018 are disposed of.

Urgent xerox certified copy of this order, if applied for, be given to the

parties after completion of all legal formalities.

sh ( Shivakant Prasad, J.)

Leave a Reply

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

Copyright © 2020 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 read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation