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2026 Supreme(Online)(Cal) 2920

CALCUTTA HIGH COURT
Ajoy Kumar Mukherjee, J
ASHOKE KUMAR DAS – Appellant
Versus
THE STATE OF WEST BENGAL AND ANR – Respondent
CRR 968 of 2026 | IA No. CRAN 1 of 2026



Advocates:
For the Appellants/Petitioners: Soumyajit Das Mahapatra, Madhurai Sinha, Upasana Banerjee
For the Respondents: Soumya Basu Roychowdhury, Arijit Ganguly

Criminal proceedings arising from matrimonial disputes may be quashed by the court upon an amicable settlement between the parties, even if some offences are non-compoundable, to secure the ends of justice and facilitate future peaceful co-existence.

Headnote:(A) Criminal Procedure - Quashing of Proceedings - Matrimonial Disputes - Amicable settlement between parties - Proceedings may be quashed even for non-compoundable offences to secure the ends of justice and ensure future peaceful co-existence. (Para 5)

Issues: Whether the criminal proceedings arising out of a matrimonial dispute can be quashed based on an amicable settlement between the parties.

In this application the petitioner has prayed for quashing of the proceeding being GR Case No. 3972/2023 under sections 498A/325/328/307/406/506/34 of the Indian Penal Code read with sections 3 and 4 of the Dowry Prohibition Act, presently pending before learned Chief Judicial Magistrate, Barasat. After completion of investigation, police has submitted charge-sheet against the accused persons and the court below has taken cognizance of the offences.

Learned counsel for the petitioner and also the learned counsel appearing on behalf of the opposite party no. 2 submit that the disputes and differences have been settled amongst the parties and therefore the defacto-complainant does not want to proceed further with the impugned criminal proceeding. Therefore, both the petitioner/husband and the defacto complainant have prayed before this court for quashing of the aforesaid impugned proceeding.

Learned counsel for the State has placed a report along with the recorded statement of the defacto-complainant and the petitioner/husband, which discloses that both of them have settled their disputes without any undue influence from any corner.

Learned counsel for the State submits that in view of aforesaid amicable settlement in connection with the said matrimonial dispute, which is private in nature, State does not want to stand in the way of their amicable settlement for the sake of their future peaceful life.

Having heard learned counsel for the petitioner as well as the opposite parties, it appears to me that since the parties have settled their disputes and since defacto complainant has decided not to support the imputations leveled in the complaint, I find that further continuance of the impugned proceeding only on the ground that some of the offences are not compoundable might become counter productive. Therefore in the interest of their future mutual co-existence, the impugned proceeding is liable to be quashed in order to secure the ends of justice.

In such view of the matter, the instant application being CRR 968 of 2026 along with CRAN 1 of 2026 are allowed.

The impugned proceeding being GR Case No. 3972/2023 presently pending before learned Chief Judicial Magistrate, Barasat, is hereby quashed qua the petitioner namely, Ashoke Kumar Das

Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

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