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Rahul Kumar Das & Ors vs Unknown on 15 July, 2021

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23
15.07.2021

Ct.35
AKG
CRR 774 of 2021
With
CRAN 01 of 2021
(Through Video Conference)

In Re: – An application under Section 482 of the Code of Criminal
Procedure, 1973.

And

In the matter of: Rahul Kumar Das Ors.

…. Petitioners
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.

Case No. 3131 of 2017 under Sections 498A/34 of the Indian Penal

Code, 1860 and also under Section 3 and 4 of Dowry Prohibition Act,

1961 pending before the learned Additional Chief Judicial Magistrate,

Sealdah.

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.

2

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

under Sections 498A/34 of the Indian Penal Code, 1860 and also

under Section 3 and 4 of Dowry Prohibition Act, 1961 pending before

the learned Additional Chief Judicial Magistrate, Sealdah stands

quashed accordingly.

The application being CRR 774 of 2021 and CRAN 01 of 2021

are disposed of.

(Kausik Chanda, J.)

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