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Manoj Paul & Ors vs The State Of West Bengal & Anr on 13 September, 2018

13.9.2018
10
Ct-42
ar C.R.R 762 of 2018
with
CRAN 1057 of 2018

Manoj Paul Ors.

Vs.

The State of West Bengal Anr.

Mr. Arnab Sinha … For the Petitioners

Mr. Supriyo Singh … For the O.P no. 2

Mr. Saswata Gopal Mukherjee, Ld. P.P
Ms. Faria Hossain … For the State

The instant revision has been preferred by the petitioners/accused persons
for quashing of the proceedings of G.R. Case No. 527 of 2017 in connection with
Barrackpore Women Police Station Case No. 07 of 2017 dated January 26, 2017
under Sections 498A/406/323/34 of the Indian Penal Code pending before the
learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas.

It is submitted by the learned advocates appearing for the petitioners and
the O.P no. 2 that the dispute between the parties is purely private in nature and
the same has been amicably settled between them and they are residing together
and as such they are not willing to proceed further with the criminal proceeding
and a compromise petition being CRAN 1057 of 2018 has been filed with regard
to their amicable settlement. They, therefore, pray for quashing of the proceeding
of the criminal case being G.R. Case No. 527 of 2017 pending before the learned
Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas.

2

Ms. Faria Hossain, learned advocate, appearing for the State raises
no objection and submits that the dispute between the parties is purely
matrimonial and personal one and when they have amicably settled their
dispute continuation of the criminal proceeding will be an abuse of the
process of law as no fruitful purpose will be served and there is also no bar
in quashing of the criminal proceeding of that criminal case initiated by O.P
no. 2/wife.

I have considered the submissions of the learned advocates for the
respective parties and gone through the compromise petition being CRAN
1057 of 2018. It is specially stated in the compromise petition that
husband and wife and other petitioners have settled their disputes and as
such wife is not intending to proceed with the criminal case and wants the
same to be quashed. The instant petition is supported by affidavit sworn
by both the husband and wife.

It appears that the dispute between the parties is purely personal one
and the same has amicably settled between them and there having no
grievance against any of them. The husband and wife have decided to
reside together in view of the settlement. In such scenario it would be
contrary to the interests of justice to continue with the criminal proceeding
as no fruitful purpose will be served.

Therefore, considering the above circumstances and submissions of
the learned advocates for the respective parties I am of the view that in the
interest of justice continuation of criminal proceeding would tantamount to
an abuse of the process of law.

Accordingly, the criminal proceeding being G.R. Case No. 527 of 2017
in connection with Barrackpore Women Police Station Case No. 07 of 2017
dated January 26, 2017 under Sections 498A/406/323/34 of the Indian
Penal Code pending before the learned Additional Chief Judicial Magistrate,
Barrackpore, North 24 Parganas, is quashed and set aside.

3

The instant revision being CRR 762 of 2018 and CRAN 1057 of 2018
are, thus, disposed of.

Department is directed to send a copy of this order to the learned
Court below forthwith.

Petitioners are also directed to communicate this order to the learned
Court below.

Urgent photostat certified copy of this order, if applied for, be given to
the parties upon compliance of all formalities.

(Md. Mumtaz Khan,J.)

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