C.R.R. 1095 of 2018
CRAN 1329 of 2018
Ct. No. 29
In the matter of:- Mannan Agarwal Anr. …Petitioners.
Mr. Sandipan Ganguly,
Ms. Jeenia Rudra.
….for the petitioners.
Mr. Soumyajit Das Mahapatra
….for the opposite party/wife.
Mr. Saswatagopal Mukherjee (PP),
Mr. Saryati Datta.
…for the State.
This is an application for quashing of a proceeding in All Women
Police Station Kharagpur Case No.18 dated 24.02.2018 under Sections
498A/307/406/325/506/34 of the Penal Code and Section 4 of the Dowry
Prohibition Act corresponding to G.R. Case No.623 of 2018 pending before
the learned Chief Judicial Magistrate, Paschim Medinipur on the ground of
compromise and settlement of disputes between the private parties.
The learned Senior Counsel appearing on behalf of the petitioners
and the learned Counsel appearing on behalf of the opposite party no.2
submits that disputes that had given rise to the present case are essentially
private in nature. They submit that at the intervention of the common friends
and relatives the private parties have settled and compromised of the disputes
that gave rise to the present case. They further contend that private parties
have filed a joint compromise application seeking quashing of proceeding on
the ground of compromise. The learned Advocates refer to paragraphs 4 to 7
of the said petition.
The learned Advocate appearing on behalf of the State submits that
the disputes are essentially private in nature and if the private parties want to
settle the same, the State is not going to come in the way.
I have heard the submissions of the learned Advocates appearing
for the parties and I have gone through the revisional application along with
the miscellaneous application. I have also gone through the Case Diary
produced by the learned Advocate for the State. In view of the settlement and
compromise arrived between the private parties and in the interest of justice
the impugned proceedings are quashed.
The revisional application is allowed.
Urgent photostat certified copy of this order be supplied to the
parties expeditiously, if applied for.
(Jay Sengupta, J.)