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Judgments of Supreme Court of India and High Courts

CRR/3502/2016 on 14 March, 2019

1

.3.2019
p.b.

. No. 33

CRR 3502 of 2016
CRAN 424 of 2018

In re: Lakshmipati Raju Datla @ Raja Ors.

Mr. Soumyojit Das Mahapatra,
Mr. Aniruddhya Bhattacharya.

……for the petitioner.

Mr. Prabir Kumar Mitra,
Mr. Pinak Kumar Mitra,
Ms. Debolina Das
…….for the O.P. No.2.

Ms. Sreeparna Das.

…….for the State.

As prayed on behalf of the appellant, liberty is given to amend the cause

title of the CRAN application being the compromise petition by incorporation of

Section 506 of the Indian Penal Code.

On the written complaint of the applicant no.5 the prayer for quashing of

the proceeding in connection with Kharagpur (Town) Police Station Case No.196

of 2015 dated 9th April, 2015 under Sections 498A/323/406/ 506/34 of the

Indian Penal Code was registered which is now pending in the court of Chief

Judicial Magistrate, Paschim Medinipur as G.R. Case No.1294 of 2015.

The petitioner being the husband and the in-laws instituted this revisional

application with a prayer for quashing of the proceeding inter alia on the grounds

that the continuation of the present proceeding will be mere abuse of process of
2

the court as the instant case was lodged without following law and with a view to

spite due to private and personal grudge.

It is submitted that the dispute in between the parties have been resolved

amicably. Now, the applicant no.5 does not have any grievance against the

applicant/petitioner no.1 to 4 and is desirous to lead the conjugal life with the

petitioner no.1 and has undertaken to cooperate with the applicant no.1 to 4 to

get the impugned proceeding quashed and/or set aside.

Having heard learned counsel for the parties and considering the joint

application effecting compromise between the parties, I am of the view that the

further continuation of the proceeding before the learned Chief Judicial

Magistrate, Paschim Medinipur would be sheer abuse of process of the court.

Accordingly, the proceeding being G.R. Case No.1294 of 2015 in connection

with Kharagpur (Town) Police Station Case No.196 of 2015 dated 9th April, 2015

under Sections 498A/323/406/ 506/34 of the Indian Penal Code is hereby

quashed.

Thus, the revisional application being CRR 3502 of 2016 and the

application being CRAN 424 of 2018 are disposed of.

(Shivakant Prasad, J.)

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