DEBA PRASAD NATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Invoking Section 482 of the Code of Criminal Procedure, the petitioners being the husband and the relations of the husband, who have been placed on trial to answer a charge for an offence punishable under Section 498A of the Indian Penal Code have moved this Court for quashing of the same on the ground that the matrimonial dispute by and between the parties has been settled out of Court.

(2.) Heard the Learned Counsels appearing on behalf of the parties. Perused the materials on record, more particularly the joint compromise petition filed by the parties. It may be noted, on the date of hearing of this application both the principal accused as well as the defacto-complainant were personally present in Court.

(3.) Admittedly, the root of the aforesaid criminal prosecution is a matrimonial dispute by and between the parties and such dispute has now been settled out of Court. The dispute is absolutely private in nature. It is also an admitted position that at the present moment the parties have been residing together and the petitioner no. 1 and the defacto-complainant have resumed their normal conjugal life and leading a very happy and peaceful married life. It appears from the joint compromise petition as well as from the submission made on behalf of the defacto-complainant/opposite party that she is no longer desirous to proceed with the instant criminal proceeding instituted at her behest. In such view of the matter, there is no possibility of the aforesaid criminal proceeding to reach to its logical conclusion. Therefore, allowing this criminal proceeding to continue any further would be only an abuse of process of Court and for ends of justice, the same is liable to be quashed. Accordingly, this criminal revision succeeds and the impugned proceedings against the petitioners stands quashed. Criminal Section is directed to deliver urgent Photostat certified copy of this Judgement to the parties, if applied for, as early as possible.