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2006 Supreme(Cal) 755
High Court Of Calcutta
S. P. Talukdar, J.
SARMISTHA DUTTA - Appellant
Versus
STATE OF WEST BENGAL - Respondent
CRR 3527 Of 2006
Decided On : 11/30/2006
AYAN BHATTACHARJI, CHANCHAL KUMAR SAHA, KRISHNENDU GUPTA
Amicable settlement in a non-compoundable case can lead to the quashing of the case under section 482 of the Code of Criminal Procedure.
Headnote:
498a IPC - Amicable Settlement - The court allowed the application under section 482 of the Code of Criminal Procedure, quashed the case under section 498a of IPC, and discharged the accused persons due to the amicable settlement between the parties, holding that continuation of the case would amount to an abuse of process of court.
Fact of the Case:
The petitioner, who was the de facto complainant in a case under section 498a of IPC, filed an application under section 482 of the Code of Criminal Procedure stating that the dispute between the parties had been amicably settled.
Finding of the Court:
The court, considering the nature of the alleged offence under section 498a of IPC and the amicable settlement, allowed the application, quashed the case, and discharged the accused persons, holding that continuation of the case would amount to an abuse of process of court.
Issues: Amicable settlement in a non-compoundable case under section 498a of IPC, abuse of process of court.
Ratio Decidendi: The court held that due to the amicable settlement and the non-compoundable nature of the case under section 498a of IPC, continuation of the case would amount to an abuse of process of court.
Final Decision: The court allowed the application, quashed the case, and discharged the accused persons, directing the parties to communicate the decision to the learned Court of Magistrate within three weeks.
( 1 ) HEARD Mr. Gooptu, learned Counsel for the petitioner. This relates to an application 482 of the Code of Criminal Procedure filed by the petitioner who is the de facto complainant in the case under reference being Khardah p. S. Case No. 320 of 2000 under section 498a of IPC (G. R. Case No. 3214 of 2000 ).
( 2 ) IT is submitted by Mr. Gooptu on behalf of the said petitioner/victim/ de facto complainant that the dispute between the parties has subsequently been amicably settled. The petitioner who is physically present in Court on being asked submits that she also does not like to proceed further with the said case in which cognizance has already been taken under section 498a of ipc.
( 3 ) PRIVATE opposite parties are represented by the learned Counsel and vakalatnama filed in this regard be kept with the record. Copy of the application has already been served upon Mrs. Krishna Ghosh who represents opposite party/state.
( 4 ) HAVING regard to the nature of the alleged offence under section 498a of IPC, such amicable settlement is most welcome. The case being non-compoundable, it is not possible for the learned Court of Magistrate, even if so approached, to compound the offence. As such, the petitioner quite rightly approached this Court being left with no option. In view of the changed circumstances arising out of such amicable settlement, this Court is inclined to held that continuation of further proceeding of the said case before the learned Court of Magistrate will amount to abuse of process of Court. In the best interest of justice, the application being CRR No. 3527 of 2006 be allowed.
( 5 ) THE private opposite parties/accused persons in this case who are reportedly on bail be discharged as the case under reference stands quashed. They be released from their respective bail bonds at once.
( 6 ) PARTIES are directed to communicate to the learned Court of Magistrate within a period of three weeks from this date.
( 7 ) SEND a copy of this order to the learned Trial Court for information and necessary action.
( 8 ) CRIMINAL Section is directed to supply certified copy of this order, if applied for, to the learned Counsel for the parties expeditiously. Application allowed.
