DEBAPRATIM NEOGI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) INVOKING the inherent jurisdiction of the Code of Criminal Procedure, the petitioners being the husband and his relations have approached this court for quashing of the charge sheet under section 498A/406/323/315/34 IPC on the ground that the matrimonial dispute which gave rise to the aforesaid criminal case has been mutually settled out of court by and between the petitioners and the de facto complainant.

(2.) ON the day the hearing was concluded the matter was made C.A.V. both the husband and the de facto complainant were perennially present in court represented by their respective lawyers and they have filed a joint compromise petition being CRAN 3029 of 2013 which is already on record.

(3.) IT may be noted this is not one of such case which according to the Supreme Court's decision in the case of Gian Singh versus the State of Punjab reported in (2013) 1 SCC (Cri.) 160, that even if the victim or family members of the victim and offender have settled their dispute out of court, still the quashing is not permissible, since the offences are not private in nature and have a serious impact on society.