In The High Court At Calcutta
Criminal Revisional Jurisdiction
CRAN 3426 of 2018
CRR 3490 of 2018
State of West Bengal Ors.
Mr. Swapan Mallick
Ms. Monika Sinha
… for the petitioner.
Ms. Sanjukta Basu Mallick
… for the applicants nos. 3 to 5.
Mr. Rana Mukherjee
Ms. Debjani Sahu
… for the State.
This is an application under Section 482 of the Code of Criminal
Procedure, 1973 whereby the petitioner/defacto complainant has prayed for
quashing of the proceeding being G.R. Case No. 5398 of 2010 pending before the
3rd Judicial Magistrate Howrah arising out of Liluah Police Station Case No. 280
of 2010 for alleged commission of offences punishable under Sections
498A/406/323/506/504/34 of the Indian Penal Code, inter alia, on the grounds
that the petitioner has filed a suit for resolution of marriage being Mat Suit No.
1099 of 2010 and also lodged complaint against the opposite parties after
investigation Charge-sheet No. 182 of 2011 dated June 29, 2011 against the
opposite parties named herein has been submitted.
Now one mediator explored the probabilities of settlement between the
parties. Subsequent to such reference while participating in the said mediation
proceeding both the parties amicably settled all their dispute and differences and
also entered into terms of settlement in the presence of Mediator wherefrom the
parties resolved to withdraw all proceeding pending before the learned Court.
Both the parties have agreed to withdraw the petition being CRAN 3426 of
2018 and upon hearing learned advocates for the parties including advocate
appearing for the State opposite party no. 1, I do not find any legal impediment in
allowing the application in view of the compromise arrived at between the parties.
Accordingly, the proceeding being G.R. Case No. 5398 of 2010 pending in the
Court of the learned 3rd Judicial Magistrate, Howrah arising out of Liluah Police
Station Case No. 280 of 2010 under Sections 498A/406/ 323/506/504/34 IPC
is hereby quashed.
Thus, CRR 3490 of 2018 and CRAN 3426 of 2018 are disposed.
Urgent xerox certified copy of this order, if applied for, be given to the
respective parties after completion of all legal formalities.
sh ( Shivakant Prasad, J.)