KAUSTAV BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application praying for quashing of the impugned proceeding under Ss. 406, 498A read with Sec. 34 of the Indian Penal Code on the ground of compromise and settlement arrived at between the private parties.

(2.) Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the accused in this case. The petitioner no.1 is the husband and the petitioner no.2 is the mother in law of the defacto-complainant/opposite party no.2. In the course of the proceeding, a settlement and compromise was arrived at between the private parties of all disputes that had led to the registration of the First Information Report. In fact, a joint compromise application has been filed in this regard. In view of the same, the impugned proceeding ought to be quashed on the ground of compromise and settlement.

(3.) Learned counsel appearing on behalf of the defacto-complainant/opposite party no.2 submits as follows. The husband and wife have agreed to file for mutual divorce. The disputes between the parties that had led to the initiation of the impugned proceeding have indeed been settled and compromised between the victim and the accused.