AJIT KUMAR GAYEN Vs. JYOTSNA PAL
LAWS(CAL)-1983-8-32
HIGH COURT OF CALCUTTA
Decided on August 02,1983

AJIT KUMAR GAYEN Appellant
VERSUS
JYOTSNA PAL Respondents

JUDGEMENT

Monoj Kumar Mukherjee, J. - (1.) SMT. Jyotsna Pal, the opposite party No.1 in this revisional application filed a complaint against her husband, Sunil Kumar Pal, alleging offence under Section 494 of the Indian Penal Code and against twenty-three others under Sections 494/109 of the Indian Penal Code for abetment of the said offence committed by Sunil Pal. During the course of the proceeding, the complainant compromised the case with her husband, Sunil Pal and some of the other accused persons and the learned Magistrate allowed the said compromise and acquitted them under Section 320(8) of the Code of Criminal Procedure. The other accused persons who were still awaiting trial under Sections 494/109 Indian Penal Code have now moved this Court for quashing the proceeding in view of the compromise effected with Sunil Kumar Pal, who allegedly committed the offence under Section 494 Indian Penal Code the proceeding cannot be further continued against the petitioners under Sections 494/109, Indian Penal Code. I find much substance in the contention of the petitioners.
(2.) OFFENCE under Section 494, Indian Penal Code can be committed by a husband, who has married for the second time and by no body else, that necessarily means, that once a case is compromised with the husband and he earns an order of acquittal under section 320(8) Criminal Procedure Code the offence itself for all intents and purpose stands wiped out and consequently there cannot be any scope for abetment of all offence which in the eye of law was not committed at any point of time in view of the acquittal recorded against the husband. For the foregoing discussion, I allow this application and make this Rule absolute. The impugned proceeding is quashed. Proceedings quashed.;


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