In The High Court At Calcutta
Criminal Revisional Jurisdiction
CRR 3760 of 2018
Smt. Puja Agarwal
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.
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withdrawn such as the application under Section 12 along with Section 23 of the Protection of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
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.
sh ( Shivakant Prasad, J.)