ATISH AGARWALA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) INVOKING the provisions of section 482 of the Code of Criminal Procedure, the petitioners herein who are happened to be the husband and the relations of the husband, moved the instant criminal revision for quashing of the G. R. Case No. 525/07 now pending before the learned Additional Chief Judicial magistrate, Serampore, Hooghly arising out of Rishra Police Station Case No. 42/07 under sections 498a/406 of the Indian Penal Code on the ground that all disputes between the parties, which are purely in matrimonial disputes have been amicably settled out of Court and they are no longer interested to proceed against each other in a Court of law.

(2.) MR. Phiroze Edulji, the learned counsel, appearing on behalf of the petitioners submitted before this Court that the petitioner No. 1 is the husband of the opposite party No. 2, whereas the remaining three petitioners are his relations. He further submitted following some matrimonial disputes, a complaint in writing being lodged to the Rishra Police Station by the opposite party No. 2 herein against the present petitioners, the Rishra Police Station case No. 42/07 under sections 498a/406 of the Indian Penal Code was registered and the same gave rise to G. R. Case No. 525/07 and is now pending before the learned Additional Chief Judicial Magistrate, Serampore, Hooghly. He further submitted that during the course of investigation the police has seized and recovered all the stridhan articles belonging to the opposite party no. 2 and after completion of investigation submitted charge sheet for the self-same offence. According to Mr. Edulji the said matrimonial disputes between the petitioner No. 1 and the opposite party No. 2 has been amicably settled out of Court and they are no longer desirous to fight out such dispute in a court of law and they have also filed a suit for dissolution of marriage on mutual consent being MAT Suit No. 688/07, which is now pending before the learned District Judge, Chinsurah, Hooghly. Mr. Edulji further submitted the parties has also filed a joint compromise petition supported by affidavits in connection with the instant criminal revisional application, where the opposite party No. 2, the defacto-complainant of the above noted case disclosed her intention not to proceed with the aforesaid case and as such for ends of justice it would be expedient to quash the impugned proceedings.

(3.) ON the other hand, Mr. Tirthankar Ghosh, the learned advocate, appearing on behalf of the opposite party No. 2, the defacto-complainant of the aforesaid case admitted the correctness of submission made by Mr. Edulji. He further reiterated the matter has been amicably settled by and between the parties out of Court and they are not desirous to contest against each other in a Court of law and have also filed a matrimonial suit for dissolution of their marriage by mutual consent and a joint compromise petition in connection with the instant criminal revision. He submitted that in view of the fact that the opposite party No. 2 is not interested to proceed with the aforesaid case as the dispute has been settled by and between them, she has no objection if the aforesaid criminal proceeding is quashed.