Gobinda Samanta And ORS v. State Of West Bengal And ANR

29.01.2021 Item No.8 & 9 Ct. No.42 CHC C.R.R. No.203 of 2021 IA. No.C.R.A.N.1 of 2021 In Re:- An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of:- Gobinda Samanta & ors.

.....petitioners with C.R.R. No.204 of 2021 IA No. C.R.A.N.1 of 2021 (Physical Hearing) In the matter of:- Pradip Koley & ors.

...petitioners Mr. Mujibar Ali Naskar ...for the petitioners in CRR 203/2021 and O.P. No.2 CRR 204/2021 Md. Anwar Hossain, Ms. Sreyashee Biswas ...for the State Mr. Niladri Sekhar Ghosh, Ms. Sreemoyee Mukherjee ...for the petitioners in CRR 204/2021 and O.P. No.2 in CRR 203/2021 Parties are represented through their learned advocates, names of whom are shown at the beginning of this order sheet. Affidavit-of-service furnished by the petitioners be taken on record.

Two separate applications being C.R.A.N.1 of 2021 in connection with two separate revisional applications being CRR 203 of 2021 and CRR 204 of 2021 are taken up for hearing.

In both the two cases referred above the proposed C.R.A.N. application goes to show that there has been compromise already effected between the parties.

It is submitted by learned advocate of both the parties, who are rival in both the two cases referred above, that petitioners involved in the compromise are the neighbours and the dispute between them has been amicably settled.

Mr. Hossain, learned advocate representing the State submits that in both the cases charge-sheet has been submitted after undertaking successful investigation, but Mr. Hossain does not raise any objection to stand in the way against the proposed compromise already effected between the parties. Since both the victim of two cases have voluntary took part in the compromise, and affidavits accordingly have sworn, the Court should not stand in the way irrespective of the injury sustained by the victim in this case. The offence in both the cases corresponding to G.R. Case No.1867 of 2016 and G.R. Case No.1838 of 2016, both pending in the court of Learned Additional Chief Judicial Magistrate, Arambagh, Hooghly, making out offences stands compounded.

The accused persons are accordingly acquitted under Section 320 Cr.P.C. Since the parties in both the cases have voluntary compromised their dispute amicably, the merits, if there be any, involved in both the two revisional applications need not be addressed any more. Both the revisional applications being CRR 203 of 2021 and CRR 204 of 2021 accordingly stand disposed of together with the connected

applications being C.R.A.N.1 of 2021 in both the revisional applications.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

Urgent Xerox certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Subhasis Dasgupta, J.)