VIKASH AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application praying for quashing of a proceeding on the ground of compromise in a case where a charge sheet was submitted under Sections 406 and 498A read with Section 34 of the Penal Code.

(2.) Learned Counsel appearing on behalf of the petitioners submits as follows. The petitioners are the husband and the other in-laws of the opposite party no.2/wife. During pendency of the impugned proceeding, a compromise and settlement was arrived at between the private parties of all disputes that had led to the initiation of the impugned proceeding. A joint compromise application has also been filed in this regard. A reference may be made of paragraphs 5, 6 and 7 of the joint compromise application. The streedhan articles were returned to the opposite party no.2 in a proceeding under Section 451 of the Code. An application under Section 13B of the Hindu Marriage Act is pending before a learned civil Court.

(3.) Learned Counsel appearing on behalf of the de facto complainant/opposite party no.2 submits as follows. A compromise and settlement has indeed been arrived at between the accused and the de facto complainant/victim. In view of such compromise, the impugned proceeding may be quashed on the ground of compromise and settlement.