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Judgments of Supreme Court of India and High Courts

Smt. Puja Agarwal vs State Of West Bengal & Ors on 4 January, 2019

1

In The High Court At Calcutta
Criminal Revisional Jurisdiction
4.1.19

CRR 3760 of 2018
Smt. Puja Agarwal
-vs-
State of West Bengal Ors.

Mr. Sabyasachi Banerjee
Ms. Aafreen Perveen
… for the petitioner.

Mr. Rana Mukherjee
Mr. Pratick Bose
… for the State.

Mr. Saunavo Basus
… for the respondent nos. 2 to 4.

This is an application under Section 397/401 read with Section 482 of the Code of

Criminal Procedure, 1973 filed on behalf of Smt. Puja Agarwal previously known as Smt. Puja

Khetawat for setting aside/quashing of the order dated November 16, 2018 whereby the learned

Judicial Magistrate, 1st Court, Barasat was pleased to frame charges under Section 498A/406/34

of the Indian Penal Code, 1860 against the accused persons/opposite parties no. 2,3 and 4 and

fixed the date for evidence on January 8, 2019, alongwith the proceedings in connection with

G.R. No. 1728 of 2017 arising out of Baguiati Police Station Case No. 340 of 2017 dated May 3,

2017 under Sections 498A/406/34 IPC and in connection with Charge Sheet No. 651 of 2017

dated July 30, 2017 under Sections 498A/406/34 IPC, 1980, presently pending before the Court

of the learned Judicial Magistrate, 1st Court, Barasat, North 24-Parganas, inter alia, on the

grounds that after the registration of the criminal case amicable settlement has been arrived at in

between the parties due to the intervention of the family members, well-wishers and common

friends of both the petitioner and the opposite parties, decided to withdraw all the pending cases

including the claims and demands against each other.

2

A Memorandum of Understanding dated November 2, 2017 was drawn between the

petitioner and the opposite parties mutually, pursuant to which the instituted cases were to be

withdrawn such as the application under Section 12 along with Section 23 of the Protection of

Women from Domestic Violence Act, 2005 being C Case No. C778 of 2017, which was pending

before the Court of learned Judicial Magistrate, second Court, Barasat and the instant case.

It is also submitted that as per the Memorandum of Understanding dated November 2,

2017 an application under Section 13B of the Hindu Marriage Act, 1955 praying for dissolution of

the marriage on mutual consent was allowed by the learned District Sessions Judge, Fast

Track 4th Court, Barasat vide order dated May 16, 2018.

It would appear that the learned Magistrate by the impugned order has declined to accept

the contention of the petitioner/complainant in respect of the amicable settlement arrived at in

between the parties due to the intervention of the relatives and well-wishers on the basis of the

fact that the charge sheet has been submitted under Section 498A/406/34 IPC which is not

compoundable one and accordingly the learned Magistrate declined to permit the defacto

complainant to withdraw the case under the provisions of Section 320 of the Code.

I do not find any illegality in the order so passed by the learned Judicial Magistrate, 1st

Court, Barasat. However, in the larger interest between the parties on the score that the parties

have already settled their disputes, the petitioner and the opposite party no. 2 are in split ville by

virtue of a decree of mutual divorce, I do not find any reason to allow the continuation of the

proceedings before the learned Judicial Magistrate rather it would tantamount to abuse of the

process of the Court. Therefore, by invoking inherent power of this Court under Section 482 of

the Code, the proceedings being G.R. Case No. 1728 of 2017 arising out of Baguiati Police Station

Case No. 340 of 2017 dated May 3, 2017 under Section 498A/406/34 IPC presently pending

before the Court of the learned Judicial Magistrate, 1st Court, Barasat, North 24-Parganas is

hereby quashed.

Thus, CRR 3760 of 2018 is disposed of.

Urgent xerox certified copy of this order, if applied for, be given to the parties after

completion of all legal formalities.

3

sh ( Shivakant Prasad, J.)

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