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7.2018
C.R.R. No. 388 of 2018
With
C.R.A.N. No. 521 of 2018
Rakesh Gaji @ Rakesh Gaji Ors.
VS.
The State of West Bengal Anr.
Mrs. Subhasree Patel
Ms. Pallabi Biswas
.. for the petitioners
Mr. Alam Hossain Mirdah
… for the opposite party no. 2.
The application, being CRR 388 of 2018, under Section 482 of
the Code of Criminal Procedure has been filed by the petitioners for
quashing of the proceeding, being G.R. 3401 of 2017, pending before
the learned Chief Judicial Magistrate at Burdwan arising out of
Women Police Station Case No. 291 of 2017 dated 1st November, 2017
under Sections 498A/406/384/307/34 of the Indian Penal Code.
Learned Advocate appearing for the petitioners submits that the
parties have amicably resolved their matrimonial dispute and in that
regard, a compromise application being C.R.A.N. No. 521 of 2018 has
been
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filed by both the parties for quashing of the criminal proceedings in
view of the compromise arrived at between the parties.
Learned Advocate appearing for the opposite party no.2/wife
submits that in view of the compromise arrived at by and between the
petitioners and the opposite party no.2, direction may be given for
staying all further proceedings being G.R. 3401 of 2017, pending
before the learned Chief Judicial Magistrate at Burdwan, arising out
of Women Police Station Case No. 291 of 2017 dated 1st November,
2017 under sections 498A/406/384/307/34 of the Indian Penal
Code against the petitioners.
Learned Advocate for the petitioners relying on a decision of the
Hon’ble Apex Court in Gian Singh -Versus- State of Punjab and
another reported in (2012) 10 Supreme Court Cases 303 submits
that the Hon’ble High Court must consider whether it would be unfair
or contrary to interest of justice to continue with the criminal
proceeding or continuation of criminal proceeding would tantamount
to abuse of process of law despite settlement and compromise
between the parties and whether to secure ends of justice, it is
appropriate the criminal case is put to an end.
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The terms and conditions of the application effecting
compromise arrived at by and between the parties out of court and
the submissions made by the petitioners and the opposite party no. 2
are as follows :-
“i) That both the parties undertook to withdraw/compromise all cases
pending before various courts of law against each other being;
a) the proceeding being G.R. 3401 of 2017, pending before
the learned Chief Judicial Magistrate at Burdwan, arising out of
Women Police Station Case No. 291 of 2017 dated 1st November, 2017
for commissions of offences under sections 498A/406/384/307/34 of
the Indian Penal Code instituted by the applicant no. 4 against the
applicant nos. 1 to 3 herein, pending before the learned Chief Judicial
Magistrate at Burdwan.
b) An application under section 125 of the Code of Criminal
Procedure, 1973 being Misc. Case No. 373 of 2017, pending before
the learned Judicial Magistrate, 2nd Court, Burdwan filed by the
applicant no. 4 against the applicant no. 1.
ii) That the applicant no. 1 and the applicant no. 4 herein shall
carry out a ritual of khula for seeking the end of their nikaah.
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iii) That the applicant no. 4 shall receive a sum of Rs. 3 lacs from
the applicant no. 1 in three equal instalments by cash and/or
bank drafts at the time of filing the notice for divorce, filing of
the application for quashing of the proceedings being G.R. 3401
of 2017, pending before the learned Chief Judicial Magistrate at
Burdwan, arising out of Women Police Station Case No. 291 of
2017 dated 1st November, 2017 for commission of offences
under sections 498A/406/384/307/34 of the Indian Penal Code
before the Hon’ble High Court at Calcutta and on the date of
bearing before the Hon’ble High Court at Calcutta.
iv) That the applicant no. 4 undertook to withdraw the instant
criminal case being Women Police Station Case No. 291 of 2017
dated 1st November, 2017 for commission of offences under
sections 498A/406/384/307/34 of the Indian Penal Code
against the applicant nos. 1 to 3 herein after the receipt of the
first two instalments.
v) That it was further agreed that the aforesaid sum of Rs. 3 lacs
paid by the applicant no. 1 to the applicant no. 4 shall be
treated as permanent alimony and the applicant no. 4 will not
be entitled to any further payment thereafter”.
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Having heard the learned Advocates for the parties and having
gone through the joint compromise petition signed by them and the
terms and conditions of the said petition arrived at by and between
the petitioners and the opposite party no. 2, the submissions made
by the learned advocates of both the parties and fortified by the
Judgment of the Apex Court, this court is of the opinion that
continuation of the impugned proceeding is an abuse of the process
of law and accordingly, the same is liable to be quashed.
Hence, the impugned proceeding being G.R. 3401 of 2017,
pending before the learned Chief Judicial Magistrate at Burdwan,
arising out of Women Police Station Case No. 291 of 2017 dated 1st
November, 2017 under sections 498A/406/384/307/34 of the Indian
Penal Code stands quashed.
Both the revisional application as well as the application for
compromise being C.R.A.N. No. 521 of 2018 accordingly allowed.
Urgent Photostat certified copy of this order, if applied for, be
supplied to the parties on usual undertaking.
(Rajarshi Bharadwaj,J)
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