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Judgments of Supreme Court of India and High Courts

Partha Sana & Ors vs Unknown on 8 April, 2019

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24 08.04.2019

C.R.R. 415 of 2019
SB Court 29
In the matter of : Partha Sana Ors.

Mr. Jayanta Narayan Chatterjee
Mr. Nazir Ahmed
……For the petitioners

Mr. M. M. Verma
Ms. Punam Verma
Mr. Abhishek Verma
…… For the O.P. Nos. 2 3

The learned advocate appearing on behalf of the petitioners

submits that this is an application for quashing of a proceeding under

sections 406, 498A 506 and 120B of the Indian Penal Code. He

submits that at the intervention of common friends and family

members, a settlement and compromise had been arrived at between

the private parties and accordingly this application for quashing was

filed on the ground of compromise and settlement. As per the

settlement, the application for mutual divorce under section 13B of the

Hindu Marriage Act was allowed by the learned Civil Court.

The learned advocate for the opposite party no. 2 / de facto –

complainant and the opposite party no. 3 / the victim lady supports the

contentions of the learned advocate for the petitioners and submits

that a compromise and settlement had been arrived at between the

private parties. He submits that the private parties would like to file

joint compromise application praying for quashing of the proceeding

on the ground of compromise and settlement.

Let the petitioners serve a copy of this application upon the State
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through the learned Public Prosecutor and upon the opposite party

nos. 2 and 3 by speed post with acknowledgement due, within a week.

An affidavit of service to that effect shall be filed on the next date of

hearing.

Let this matter appear under the heading ‘Contested Application’

two weeks hence.

The impugned proceeding shall remain stayed for a period of four

weeks from this date.

Liberty is granted to the parties to pray for extension or

modification or variation or vacating of the interim order after service of

notice on the other side.

Urgent photostat certified copy of this order may be supplied to

the parties expeditiously, if applied for.

(Jay Sengupta, J.)

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