Debarun Das Vs State of West Bengal and Anr. — Dowry and Cruelty | Calcutta HC (2025)

Debarun Das Vs State of West Bengal and Anr. — Dowry and Cruelty | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Joint petition (CRAN 1 of 2024) allowed; proceeding in G.R. Case No. 2956 of 2023 arising out of Narendrapur Police Station Case No. 489 of 2023 under Section 498A IPC pending before the learned Additional Chief Judicial Magistrate, Baruipur, South 24 Parganas quashed; revisional application CRR 3595 of 2024 along with CRAN 1 of 2024 disposed of.

Issue for consideration

Whether the pending criminal proceeding under Section 498A IPC (G.R. Case No. 2956 of 2023 / Narendrapur Police Station Case No. 489 of 2023) should be quashed in view of the settlement between the parties and the de facto complainant's unwillingness to proceed.

Court's answer

Considering all facts and circumstances, including the settlement between the parties and the de facto complainant's unwillingness to proceed, further proceeding with the case would be a glaring example of abuse of process of court.

Ratio / Principle

As a sequel to allowing the joint petition (CRAN 1 of 2024), the proceeding in connection with G.R. Case No. 2956 of 2023 arising out of Narendrapur Police Station Case No. 489 of 2023 dated 24.05.2023 under Section 498A IPC, pending before the learned Additional Chief Judicial Magistrate, Baruipur, South 24 Parganas, stands quashed.

Detailed headnote1 paragraphs

Calcutta High Court (Bibhas Ranjan De, J.), Criminal Revisional Jurisdiction — CRR 3595 of 2024 (Debarun Das v. The State of West Bengal & Anr.). On a joint petition (CRAN 1 of 2024) by the petitioner and opposite party No. 2 seeking quashing of the proceeding on the ground of settlement, and with the State report showing that the de facto complainant was unwilling to proceed with the case which had ended in a chargesheet under Section 498A IPC, the Court held that further proceeding would be a glaring example of abuse of process of court. The joint petition was allowed and, as a sequel, the proceeding in G.R. Case No. 2956 of 2023 arising out of Narendrapur Police Station Case No. 489 of 2023 dated 24.05.2023, pending before the learned Additional Chief Judicial Magistrate, Baruipur, South 24 Parganas, was quashed; the revisional application along with CRAN 1 of 2024 stood disposed of.

Item 09.07. IN THE HIGH COURT AT CALCUTTA No. 2025 CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE 01

Ct 32 rup

CRR 3595 of 2024 With IA NO: CRAN 1 of 2024

Debarun Das Vs. The State of West Bengal & Anr.

Mr. Rajeshwar Chakraborty. Mr. Subhrajit Dey, … for the petitioner. Mr. Navanil De, Ms. Monami Mukherjee. … for the O.P. No.2. Ms. Amita Gaur. … for the State.

Learned counsel appearing on behalf of the parties to this revisional application are present.

One report has been submitted on behalf of the State in compliance with the order dated 30.06.2025 and the same be kept with the record.

One joint petition has been filed by the petitioner and the opposite party No.2 with a prayer for quashing the proceeding which is impugned in this revisional application as parties have already arrived at settlement.

From the report submitted on behalf of the State, it is also found that the de facto complainant is also not willing to proceed with the case, which was investigated

2

and ended in chargesheet under Section 498A of the Indian Penal Code.

Considering all facts and circumstances, further proceeding with the case would be a glaring example of abuse of process of court.

In the aforesaid view of the matter, prayer of joint petition (CRAN 1 of 2024) stands allowed.

As a sequel, the proceeding in connection with G.R. Case No. 2956 of 2023 arising out of Narendrapur Police Station Case No. 489 of 2023 dated 24^th May, 2023 under Section 498A of the Indian Penal Code pending before the Court of Learned Additional Chief Judicial Magistrate, Baruipur, South 24 Parganas, stands quashed.

Accordingly, the revisional application being CRR 3595 of 2024 along with CRAN 1 of 2024 stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Bibhas Ranjan De, J.)