Somtirtha Bhattacharya v. State Of West Bengal And ANR
Form J(2) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :
The Hon'ble Justice Bibek Chaudhuri IA No: CRAN/2/2022 In C.R.R. 39 of 2022 Sri. Somtirtha Bhattacharya Vs.
State of West Bengal & ANR.
For the petitioner : Mr. Saptarshi Dutt, Adv.
For O.P. No.2 : Mr. Kajal Mukherjee, Adv.
For the State : Ms. Faria Hossain, Adv.
Mr. Anand Kesari, Adv.
Heard on : 06.07.2022 Judgment On : 06.07.2022.
Bibek Chaudhuri, J.
On the basis of a written complaint submitted by opposite party No.2, Smt. Purnima Chakraborty, Nabadwip Police Station Case No.41 of 2019 dated 28th January, 2019 under Sections 448/323/354B/427 of the Indian Penal Code was registered. In the said case charge-sheet has been submitted on 30th November, 2020 being No.497 of 2020.
The said case presently pending in the Court of the learned Judicial Magistrate at Nabadwip.
The petitioner being the accused filed the instant revision for quashing the above-mentioned criminal proceeding against him. During the pendency of the instant revision, the petitioner has submitted a letter through her learned Advocate stated, inter alia, that she does not want to proceed with the above-mentioned case as the dispute between the parties has been amicably settled. It appears from the record that Section 354B of the Indian Penal Code is not compoundable. Therefore, the instant case cannot be compounded by the Trial Court in course of trial. However, this Court has inherent power to pass an appropriate order on the ground that the dispute between the parties has been amicably settled and continuation of criminal trial will be a fruitful effort on the part of the parties as well as the Court.
Therefore, in order to save judicial time and to honour the amicable settlement between the parties, the proceeding being Nabadwip P.S. Case No. 41 of 2019 dated 28th January, 2019 under Sections 448/323/354B/427 of the Indian Penal Code and consequent charge-sheet being No.497 of 2020 pending before the learned Judicial Magistrate at Nadia be quashed. The instant revision is accordingly disposed of with the above order.
The parties are at liberty to inform the learned Court below obtaining server copy of the order.
(Bibek Chaudhuri, J.)