SHILAK SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for quashing of Bidhannagar Police Station case no. 77 of 2018 dtd. 6/9/2018 corresponding to GR case no. 771 of 2018 under Sec. 498A of the Indian Penal Code.

(2.) Learned Counsel for the petitioner submits that on 9/12/2019, the petitioner got married to opposite party no. 2 as per Hindu rites and customs and it was duly registered. On August 2, 2018, the defacto-complainant all on a sudden entered into a severe quarrel with the petitioner and also caused damage to several house articles and thereafter she left the matrimonial home and forcefully took away the minor child of the petitioner. Mother of the petitioner lodged a complaint which was registered as GDE no. 1356 dtd. 28/8/2018. the opposite party no. 2 refused to come back to matrimonial home but on 6/9/2018 she lodged a frivolous complaint before the Bidhannagar Police Station against the petitioner and on the basis of such complaint, Bidhannagar Police Station case no. 77 of 2018 dtd. 6/9/2018 corresponding to GR case no. 671 of 2018 under Sec. 498A of the Indian Penal Code was initiated against the petitioner. The petitioner initially prayed for quashing of the entire proceeding as according to the petitioner the said proceeding is harassive and also because proceeding is being dragged unnecessarily and that the ingredients under Sec. 498A of the Indian Penal Code are not attracted.

(3.) During pendency of the application both the parties by filing an affidavit prayed for passing appropriate order being CRAN 2 of 2022 wherein they have stated that during pendency of the proceeding a compromise degree has been passed in an Act VIII proceeding between the parties and it has been mutually agreed that the custody of the child shall remain with the applicant no. 2. The disputes and differences between the parties has been resolved amicably and as such there is no justifiable reason in continuing the present proceeding in the interest of justice. It is further submitted on oath by both applicant nos. 1 and 2 that there is no reasonable likelihood of the applicant no. 2 impleaded as accused in connection with the present case, to be convicted under Sec. 498-A of the Indian Penal Code as complained of, since the applicant no. 1 will not depose against the applicant no.2 on the score of mutual settlement. The defacto-complainant also not interested to proceed with the said case and for which they have filed this joint application for compromise on oath.