Calcutta High Court (Appellete Side)
Sri Bijoy Banerjee & Ors vs The State Of West Bengal & Ors on 24 July, 2025
24.07.2025
p.b.
S.L. No.4.
Ct. No.23.
CRR 822 of 2018
With
CRAN 1 of 2024
With
CRAN 2 of 2025
Sri Bijoy Banerjee & Ors.
Vs.
The State of West Bengal & Ors.
Ms. Mousumi Bhowal,
Mr. Aman Gupta,
Mr. Ishan Bhattacharya.
.....for the petitioners.
Mr. Aziz Amin.
.....for the appellant no.4.
Mr. Arijit Ganguly.
.....for the State.
Re:- CRAN 1 of 2024.
1.
The affidavit of service filed by the petitioner is
taken on record.
2. This is an application for recalling of the order
dated 5th November, 2024. By the said order, the
application was dismissed for default. The grounds set-
forth are sufficient and acceptable. Accordingly, the
order is hereby recalled and the application is restored
to its original file and number.
3. CRAN 1 of 2024 is disposed of.
Re:- CRAN 2 of 2025.
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4. Learned counsels appearing on behalf of the
parties candidly submits that both the parties have
arrived at a settlement and they will now lead their life
peacefully and without any grievances. The opposite
party no.2 and the petitioner no.3 have already filed a
matrimonial suit for divorce on compromise under
Section 13B of the Hindu Marriage Act, 1955. The next
date of hearing of the said suit is fixed on 14th August,
2025.
5. It is further submitted that both the petitioner
no.2 and the defacto complainant/wife have filed joint
petition praying for quashing of the criminal proceeding,
which is based on a criminal matrimonial discord. The
defacto complainant/wife has now no grievance against
the present petitioners.
6. Considering the submissions of both the parties
and after perusal of the record it appears that both the
parties filed this application supported by an affidavit in
view of their settlement.
7. The dispute is between husband and wife and her
inlaws and in such case, this Court can exercise
inherent power under Section 482 to quash the
proceeding even the offence is not compounded and
solely based on matrimonial disputes. There is no
impedement to quash the proceeding, if any settlement
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is arrived between the parties for better and peaceful
life of the spouse and family members.
8. Accordingly, CRR 822 of 2018 is, thus disposed
of. CRAN 2 of 2025 is also consequently disposed of.
9. Criminal proceeding being Asansol (South) Police
Station Case No.292 of 2017 dated 24th July, 2017
under Sections 498A, 323, 325, 406, 506 and 34 of the
Indian Penal Code read with Sections 3 and 4 of the
Dowry Prohibition Act, 1961 is pending before the trial
court is hereby quashed in so far as the petitioners are
concerned.
10. Interim order, if any, stands vacated.
11. Let a copy of this order be sent to the learned
court below.
12. All parties shall act in terms of the copy of this
order duly downloaded from the official website of this
Court.
(Ajay Kumar Gupta, J.)