Calcutta High Court (Appellete Side)
An Application Under Sections 397/401 ... vs Arun Agarwal & Ors on 3 October, 2016
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 Sl. October 3, C.R.R. 3192 of 2016
229. 2016 In the matter of: An application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure;
And In the matter of : Arun Agarwal & ors.
Versus State of West Bengal & anr.
Mr. Arnab Saha, ...for the petitioners.
Mr. Manjit Singh, Mr. Pawan Kumar Gupta, ...for the State.
Mr. Arup Sarkar, ...for the opposite party no. 2.
Re: C.R.A.N. 3834 of 2016 (compromise) filed on September 23, 2016.
It is submitted on behalf of the parties that the parties have amicably resolved their matrimonial dispute whereupon the impugned criminal proceeding has arisen. Accordingly, prayer is made for quashing of the proceeding. Necessary averment is also made in C.R.A.N. 3834 of 2016.
Mr. Pawan Kumar Gupta, learned advocate appearing on behalf of the State, files a report in court as to the factum of compromise.
In view of the submissions made on behalf of the respective parties and bearing in mind the averments made in C.R.A.N. 3834 of 2016 which are supported by the State, I am of the opinion that continuation of the impugned proceeding would be an abuse of the process of court.
I, therefore, quash the impugned proceeding being General Register Case No. 3837 of 2014 arising out of Phoolbagan Police Station Case No. 275 of 2014 dated November 7, 2014 under Sections 498A/34 of the Indian Penal Code pending before the learned Additional 2 Chief Judicial Magistrate at Sealdah, South 24-Paraganas.
The revisional application and the connected application filed under C.R.A.N. 3834 of 2016 are, thus, allowed.
Photostat certified copy of this order, if applied for, will be made dns available to the applicant on urgent basis provided the requisites are put in.
( Joymalya Bagchi, J. )