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CRR 774 of 2021
CRAN 01 of 2021
(Through Video Conference)
In Re: – An application under Section 482 of the Code of Criminal
In the matter of: Rahul Kumar Das Ors.
Mr. Nilanjan Sen,
Mr. Smarajit Basu
…For the Petitioners
Mr. Rana Mukherjee,
Ms. Sujata Das
…For the State
Mr. Amit Pan
…For the Opposite Party No. 2
This is an application for quashing of the proceeding being G.R.
1961 pending before the learned Additional Chief Judicial Magistrate,
Mr. Nilanjan Sen, learned advocate, appearing for the petitioner
and Mr. Amit Pan, learned advocate, appearing for the opposite party
no. 2 jointly submit that the disputes between the parties have been
amicably settled in terms of the memorandum of settlement dated
December 2, 2020, and following that a decree of divorce has also
been passed by the Principal Judge, Family Courts at Ranchi on
December 19, 2020.
The criminal proceeding is arising out of the matrimonial
disputes. When the parties have resolved the disputes amicably, the
continuation of the criminal proceedings will be an abuse of process
of law. Having regard to the fact that the accused persons have no
criminal antecedents and alleged offences have no serious impact in
the society, I am of the opinion that in view of the law laid down at
(2019) 5 SCC 688 (State of Madhya Pradesh v. Laxmi Narayan),
the criminal proceeding should be quashed in exercise of power
conferred under Section 482 of the Code of Criminal Procedure, 1973.
The criminal proceeding being G. R. Case No. 3131 of 2017
the learned Additional Chief Judicial Magistrate, Sealdah stands
The application being CRR 774 of 2021 and CRAN 01 of 2021
are disposed of.
(Kausik Chanda, J.)