Calcutta High Court (Appellete Side)
Kushal Anand Agarwal @ Kushal Agarwal & ... vs State Of West Bengal & Anr on 24 February, 2023
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
24.02.2023 Sl. No.17.
Mithun.
Ct.No.42.
CRR/223/2023 Kushal Anand Agarwal @ Kushal Agarwal & Ors.
Vs. State of West Bengal & Anr.
Mr. Somopriyo Chowdhury, Adv.
Mr. Dipayan Dan, Adv.
...for the petitioners.
The petitioners are the husband and other matrimonial relations of opposite party No.2. The petitioners have approached this Court invoking the Court's jurisdiction under Section 482 of the Code of Criminal Procedure praying for quashing of further proceedings in connection with G.R. Case No.4993 of 2018 pending before the learned Judicial Magistrate, 7 th Court at Howrah under Sections 498A/34 of the Indian Penal Code. Indisputably the opposite party No.2 is the married wife of petitioner No.1. The relation between the husband and wife turns bitter which results in filing of number of civil suits and criminal cases. Subsequently, an agreement was arrived at by and between the parties wherein the parties have agreed to dissolve the marriage by a mutual decree of divorce. It was also agreed that the parties shall withdraw all pending cases. As part compliance of the agreement, the opposite party received a sum of Rs.2,00,000/- being part payment of permanent alimony. It was decided that the rest amount will be paid to the opposite party on 2 the date of decree of mutual divorce. Subsequent execution to such agreement, the opposite party is reluctant to take step for the quashing of the above-mentioned criminal case under Section 498A/34 of the Indian Penal Code.
The learned Advocate for the petitioner placing reliance on the Supreme Court's judgment in Ruchi Agarwal Vs. Amit Kumar Agrawal & Ors. reported in (2005) 3 SCC 299 and in Md. Shamim & Ors Vs. Smt. Nahid Begum & Anr, reported in (2005) 3 SCC submits that where parties have partially performed part of the compromise but subsequently the opposite party No.2 is not agreeable to withdraw the case under Section 498A/34 of the Indian Penal Code. It is within the scope of this Court to quash the said criminal proceeding. The learned Advocate for the petitioners has been able to make an arguable case and accordingly, the instant revision is admitted.
The petitioner are directed to serve notice upon the private opposite party under registered speed post with acknowledgment due and file affidavit of service within 3 weeks from the date of this order.
The State of West Bengal be served through the learned Public Prosecutor, High Court, Calcutta.
In the meantime, further proceeding in connection with G.R.Case No.4993 of 2018 be stayed for a period of six weeks.
Liberty to mention.
( Bibek Chaudhuri, J. ) 3