Nekbar Mallick And ORS v. State Of West Bengal And ANR

01.03.2021 Item no.37 Ct. No.42 CHC C.R.R. No.441 of 2021 IA No. C.R.A.N.1 of 2021 (Physical Hearing) In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure.

In the matter of:- Nekbar Mallick & ors.

... Petitioners Mr. Tapan Datta Gupta, Mr. Parvej Anam ... for the petitioners Mr. Saswata Gopal Mukherji, Ld. P.P.

Ms. Sreeparna Das ...for the State Mrs. Manasi Roy ...for the de facto complainant/opposite party no.2 Mr. Saswata Gopal Mukherji, learned P.P. representing the State submits that the investigation has already ended in chargesheet under Sections 341/354/506/34 of the Indian Penal Code. Mr. Tapan Datta Gupta, learned advocate representing the petitioners submits that disputes between the parties have been amicably settled outside the Court and peace has restored between the parties.

Learned advocate, Mrs. Manasi Roy representing the de facto complainant/opposite party no.2 submits that the victim (Daria Bibi) has sworn an affidavit being a party to the compromise and expressed her willingness to compound the offence. There has

been sufficient reflection about the settlement of the case in paragraphs "3 and 4" of the C.R.A.N. application, taken out for the purpose, and the same is also listed today. Having considered the rival submissions of the parties and bearing in mind the amicable settlement already reached between the parties, the Court should not stand on the way. The pending proceeding being G.R. Case No.431 of 2015 under Sections 341/354/506/34 of the Indian Penal Code stands quashed against the petitioners.

The offence complained of also stands compounded by reason of mutual settlement already effected between the parties. The accused persons are also acquitted from the case. The instant revisional application and the connected C.R.A.N. application are disposed of.

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.)