ASHOK BANIK Vs. SIMA BANIK

JUDGEMENT

(1.) Invoking Section 482 of the Code of Criminal Procedure the petitioner, who has been charged sheeted under Sections 498A/313/406/34 of the Indian Penal Code has approached this Court for quashing of the said charge-sheet on the ground of compromise, by and between the parties.

(2.) Heard the learned advocates, Mr. Partha Pratim Das, for the petitioner, Ms. Rituparna Sarkar, for the defacto-complainant/wife and Mr. Sobhendu Sekhar Roy, for the State. Perused the materials on record including the joint compromise petition filed in Court.

(3.) It is an admitted position that the matrimonial dispute out of which the aforesaid case was instituted, have now been settled out of Court by and between the parties and the defacto-complainant/wife has now been residing happily and peacefully at her matrimonial home with her husband and his other relations. It appears from the materials on record and the submissions made on behalf of the opposite party no. 2, the defacto-complainant, that after the settlement she is no longer desirous to proceed with the criminal case, she brought against her husband, the petitioner herein. On the other hand, she is now more inclined to enjoy a happy and peaceful conjugal life. In such view of the matter, I am of the opinion that there is no remote possibilities of the aforesaid criminal case to reach its logical conclusion and permitting the same to remain survive would only amount to complete abuse of process of Court. I am of the further opinion that for ends of justice, this case should be quashed.