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04.4.2018
(05)
( p.j.)
CRR No.4002 of 2017
With
CRAN 5340 of 2017
(Souvik Kundu -vs.- The State of West Bengal Anr. )
Mr. Souvik Kundu
….. petitioner (in person).
Smt. Sima Maitra
……O.P. no. 2 (in person).
Mr. Souvik Kundu, petitioner and Smt. Sima Maitra, opposite party no. 2
have filed no objection endorsement of Vakalatnama by Mr. Soumajit Chatterjee,
advocate and Mr. Apurba Kumar Chakraborty, advocate.
The parties in person moved the application being CRAN 5340 of 2017
arising out of CRR 4002 of 2017 and they have prayed for compromise of the
matter and for quashing of the proceeding being G.R. Case No. 5237 of 2017
arising out of Belgharia Police Station Case No. 691 of 2017 dated 07.08.2017
under Sections 498A/406 of the Indian Penal Code read with Sections 3/ 4 of
Dowry Prohibition Act pending in the Court of learned Additional Chief Judicial
Magistrate, Barrackpore at North 24 Parganas whereby and whereunder the
petitioner husband has filed the revisional application for quashing of the said
proceeding. The petitioner and the opposite party no. 2 are husband and wife.
The applicant-petitioner no. 2/wife had initiated the present criminal proceeding
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against the applicant-petitioner no. 1/husband being CRR No. 4002 of 2017.
During the pendency of the proceeding the applicants have settled their dispute
having cropped up between them and they are living together happy conjugal
life. The family friends and well-wishers of the respective parties have intervened
and the dispute between them have been amicably settled and now they have no
grievance against each other and they do not want to proceed with this litigation
any further. The offences as alleged are not compoundable in nature.
Accordingly, the applicants both have prayed for quashing the proceeding being
G.R. Case No. 5237 of 2017 arising out of Belgharia Police Station Case No. 691
of 2017 dated 07.08.2017.
In order to maintain spontaneous marital relationship between the
applicants, this Court in the larger interest of the parties as they are living
peaceful conjugal life, the application for compromise being CRAN 5340 of 2017
be allowed.
I, accordingly, quash the impugned proceeding in G.R. Case No. 5237 of
2017 arising out of Belgharia Police Station Case No. 691 of 2017 dated
07.08.2017 under Sections 498A/406 of the Indian Penal Code read with
Sections 3/ 4 of Dowry Prohibition Act pending in the Court of learned
Additional Chief Judicial Magistrate, Barrackpore at North 24 Parganas.
CRR 4002 of 2017 is thus disposed of.
A copy of this order be sent to the learned Additional Chief Judicial
Magistrate, Barrackpore at North 24 Parganas forthwith.
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Urgent Photostat certified copy of this order, if applied for, be supplied to
the parties as early as possible.
(Shivakant Prasad, J.)
