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Judgments of Supreme Court of India and High Courts

CRR/7/2015 on 18 March, 2019

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18.03.2019. C.R.R. No. 7 of 2015
rc. with
CRAN No. 1095 of 2019

Mr. Sandip Chakraborty …for the petitioner.

Mrs. Debjani Sahu …for the State

Mr. S. Mitra …for the O.P.

None appears on behalf of the State. In such circumstances, Mrs. Debjani

Sahu, learned advocate who usually appear on behalf of the State before this Court

is requested to assist this court in this matter. Learned Public Prosecutor, High

Court, Calcutta is requested to regularise her appointment in this matter.

The petitioner no. 1, aunt in law, petitioner no. 2, mother in law and petitioner

no. 3, husband of the de facto complainant/opposite party no. 2 preferred this

revision application for quashing the proceeding in G.R.Case No. 2146 of 2014

arising out of Kharagpur (Town) Police Station Case No. 320 of 2014 dted

10.06.2014 under Sections 498A/ 406/323/313/34 of the Indian Penal Code and 3/ 4

of the Dowry Prohibition Act pending before the learned Chief Judicial Magistrate,

Paschim Medinipur, inter alia, the grounds mentioned in the revision appliation.

The back ground of the prosecution case is that on the complaint of the

Opposite Party No. 2 the specific case under reference was started and the charge

sheet was submitted. According to the petitioners the criminal proceedings was

instituted with a view to harass and humiliate the petitioners and to coerce the

petitioners to succumb to the unjustified claims of the Opposite Party No. 2 which

does not have any basis.

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It is clearly evident from the materials collected in course of the investigation

that the impugned criminal proceedings is manifestly attended with an ulterior

motive in order to wreak vengeance upon the petitioners with an oblique intention.

Now at this stage during the pendency of the revisional application the

petitioners and the opposite party no. 2 have amicably settled their dispute.

It is contended that due to some misunderstanding between the applicants

being the petitioners and the Opposite Party No. 2 in the revisional application the

case was started and the de facto complainant/opposite party no. 2/applicant no. 4

on her own volition and free will has come forward for quashing of the case under

reference and has no objection in the event the proceeding is quashed in view of

the settlement arrived amongst them and submits that further continuation of the

proceeding will amount to abuse of the process of the court.

Having heard the learned advocates for the parties the proceeding being

G.R.Case No. 2146 of 2014 arising out of Kharagpur (Town) Police Station Case

No. 320 of 2014 dted 10.06.2014 under Sections 498A/ 406/323/313/34 of the

Indian Penal Code and 3/ 4 of the Dowry Prohibition Act pending before the learned

Chief Judicial Magistrate, Paschim Medinipur is hereby quashed and set aside.

Accordingly, CRR No. 7 of 2015 and CRAN No. 1095 of 2019 are disposed

of.

Let it be noted that CRAN No. 824 of 2015 has been filed with a prayer for

extension of interim order but due to inadvertence the same has not been in today’s

list. However, CRAN 824 of 2015 is also disposed of treating the same as on

today’s list.

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Urgent photostat certified copies of this order, if applied for, be made

available to the parties upon compliance of the requisite formalities.

(Shivakant Prasad, J.)

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