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2025 DAILYLAW 15472 (CAL)

BIJOY BANERJEE & ORS v. STATE OF WEST BENGAL AND ANR

CRR/822/2018 · 2025-07-24

Ajay Kumar Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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. 2 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 3 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.)