High CourtsSingle Bench

Gaurav Agarwal vs State Of West Bengal

Calcutta High Court · Decided on 23 December 2020 · Citation: (2020) 12 CAL CK 0003

HON’BLE JUDGES
Jay Sengupta, J
ACTS & SECTIONS REFERRED
Dowry Prohibition Act, 1961 — Section 3, 4, 498A
RESULT
Disposed Of
CASE NUMBER
Criminal Revision (CRR) No. 374 Of 2020
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Judgment

23 paragraphs · 395 words

This is an application for quashing of a proceeding in which a charge-sheet was submitted under Section 498A and Sections 3 and 4 of the Dowry

Prohibition Act.

Affidavit of service filed on behalf of the petitioner is taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the husband of the opposite party no.2 who happened to be

the purported victim and the defacto-complainant in this case. During pendency of the impugned proceeding, a settlement and compromise has been

arrived at between the petitioner and the opposite party no.2 of all disputes that had led to the registration of the First Information Act. A

memorandum of understanding was entered into by the private parties. A joint compromise application has also been filed by them.

Learned counsel appearing on behalf of the opposite party no.2 submits as follows. A compromise and settlement is indeed been arrived at between

the private parties of all disputes that had led to the initiation of the present case. In the interest of justice, the impugned proceeding ought to be

quashed on the ground of compromise.

Learned counsel appearing on behalf of the State refers to the case diary and submits as follows. The State would not come in the way if a

compromise and settlement is arrived at between the private parties. In fact, the opposite party no.2 had intimated the Investigating Officer of the

case about such amicable settlement.

A copy of the report submitted by the Investigating Officer as filed in Court today is taken on record.

I have heard the submissions of the learned counsels appearing on behalf of the petitioner, the State and the defacto-complainant and have perused

the revision petition, the case diary and the report filed by the Investigating Officer.

It appears that a settlement and compromise has indeed been arrived at between the victim and the accused of all disputes that had led to the initiation

of the impugned proceeding.

In view of the above and in the interest of justice, I quash the impugned proceeding on the ground of compromise and settlement between the private

parties.

With these observations, the revisional application and the connected application are disposed of.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all

formalities.