Nivi Jalan v. State Of West Bengal And ORS.

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION

Present:

The Hon'ble Justice Jay Sengupta C.R.R. 842 of 2025 CRAN 1 of 2025, CRAN 2 of 2025 Nivi Jalan -vsThe State of West Bengal & others.

For the Petitioner : Mr. Dipanjan Dutt Mr. Ajay Gaggar For the State : Mr. Debasis Roy, Ld. PP : Mr. Anand Keshari : Ms. Puja Goswami For the o.p.no.2 : Mr. Sayan Banerjee Heard on : 20.08.2025 Judgment on : 20.08.2025 Jay Sengupta, J.:

This is an application praying for quashing of a proceeding on the ground of settlement in respect of CGR Case No. 1816 of 2024 pending before the learned Chief Judicial Magistrate, Alipore arising out of New Alipore Police Station Case No. 87 dated 03.07.2024 under Sections 316(2), 318(4), 338, 336(3), 340(2) of the BNS. Report filed on behalf of the State is taken on record. It contains two subsequent statements of the accused petitioner and the alleged victims/de facto complainant recorded before a learned Magistrate.

Learned counsels appearing on behalf of the accused petitioner and the de facto complainant opposite party no.2 submit that a settlement and compromise has been arrived at between the private parties of all disputes that had led to the registration of the FIR. It is admitted by both the sides that there was a document placed for liquidation of a fixed deposit. However, due to misunderstanding, a formal consent was not taken of the mother. Now, the matter is being fully and finally settled between the private parties who are a mother and daughter.

Learned counsel appearing on behalf of the State relies on the case diary and submits as follows. Interestingly, both the accused as well as the de facto complainant admit that a document was forwarded without the consent of one of the affected party. The

signatures were tallied. However, presently it is the contention of both the parties that this was done due to some misunderstanding. No charge sheet has been submitted yet.

Considering the fact that both the accused as well as the complainant, the mother of the accused, agree that the incident happened due to some misunderstanding and the matters have all being settled between the private parties and in view of their statements recorded before the learned Magistrate, I am inclined to quash the impugned proceeding on the ground of settlement. Let the bank account/s freezed in connection with the present case be defreezed.

Accordingly, CRAN 1 of 2025 and CRAN 2 of 2025 shall also stand disposed of along with the revision petition. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities. (Jay Sengupta, J.) ssi