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Rakesh Gaji @ Rakesh Gaji & Ors vs The State Of West Bengal & Anr on 27 July, 2018

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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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