ASHIM KUMAR ROY, J. - (1.) THE accused husband who has been charge sheeted under Section 498A/325 IPC has approached this court for quashing of the said charge sheet on the ground that the matrimonial dispute by and between the petitioner and the opposite party no.2 has been settled amicably out of court.
(2.) IT is contended that at the behest of their common friend and relations, the petitioner and the opposite party no.2 have amicably settled their matrimonial disputes out of court and are residing together as husband and wife at the house of the petitioner with their child. In such a situation the opposite party no.2, the de facto complainant is no longer desirous to proceed with the criminal case instituted by her and resulted in the impugned charge sheet. In this regard a joint compromise petition was filed in court and the opposite party no.2 being personally present in court through her learned Lawyer submitted that she is no more willing with the criminal case in question. Having regard to the aforesaid development and when the parties, the husband and wife have settled their matrimonial disputes amicably out of court and living together happily with their child and when the wife, de facto complainant is no longer desirous to proceed with the criminal case commenced at her behest there will be no chance of the impugned charge sheet to reach to its logical conclusion and permitting it to continue any further will bring out a situation which will be completely an abuse of process of court. In the result this criminal revision is allowed and the impugned charge sheet is quashed.
(3.) IN view of the disposal of the main criminal revisional application, the application for compromise being CRAN No.3708 of 2013 also stands disposed of. Criminal Section is directed to deliver urgent xerox certified copy of this order to the parties, if applied for, as early as possible.;