18.03.2019. C.R.R. No. 7 of 2015
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.
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
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
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.)