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Sunil Kumar & Ors vs Unknown on 1 April, 2019


U/L-2 01.04.2019 C.R.R. 966 of 2019
SB Court 29
In the matter of : Sunil Kumar Ors.

Mr. Abhijit Basu
Mr. Arghya Kamal Das …. For the petitioners

This is an application for quashing of a proceeding where a trial is

going on charges under sections 304, 406, 498A read with section 34

of the Indian Penal Code and sections 3 / 4 of the Dowry Prohibition


The learned advocate appearing on behalf of the petitioners

submits as follows. During the trial at the intervention of the common

friends and relatives, a compromise and settlement has been arrived at

between the private parties of all the disputes that had led to the initiation

of the present proceedings. In fact the opposite party no. 2 / wife is

presently staying with the husband / petitioner no. 1. She has recently

delivered a child. Earlier the victim lady along with the other accused had

filed an application for quashing before this Court being C.R.R. 3493 of

2018 on the ground of compromise. Due to presence of some incurable

defects in the said petition the said revisional application was withdrawn.

The present petitioners along with opposite party no. 2 want to file a joint

compromise application praying for quashing of the impugned proceeding

on the ground of settlement and compromise.

Let the petitioners serve a copy of this application upon the State

through the learned Public Prosecutor and upon the opposite party no. 2

by speed post with acknowledgement due, within a week. An affidavit of

service to that effect shall be filed on the next date of hearing.

Let this matter appear under the heading ‘Contested Application’

two weeks hence.

The impugned proceeding shall remain stayed for a period of four

weeks from this date.

Liberty is granted to the parties to pray for extension or

modification or variation or vacating of the interim order upon notice to

the other side.

Urgent photostat certified copy of this order may be supplied to

the parties expeditiously, if applied for.

(Jay Sengupta, J.)

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