Basudha Chakraborty & ORS. v. State Of West Bengal & ANR.

24.2.2025 sb CRR 682 of 2016 with CRAN 12 of 2025 Basudha Chakraborty & Ors.

Vs.

The State of West Bengal & Anr.

Mr. Pinak Kumar Mitra Ms. Subhanwita Ghosh Ms. Sananda Bhattacharjee Mr. Kaustav Talukder ...for the petitioners Ms. Rituparna De Ghose ....for the O.P. no. 2 Mr. Bitasok Banerjee ...for the State report submitted by the Inspector-in-charge, Bidhannagar Police Station dated 21.2.2025 is taken on record. The police has recorded the statement of the defactocomplainant who has stated that the dispute between themselves has been settled amicably with the help of Mediator and as such, the defacto-complainant does not want to proceed further with the present criminal proceeding. Defacto-complainant is also represented today by advocate, Ms. Rituparna De Ghose.

Learned counsel for the State submits that basically, it is a family dispute among the parties and when the defactocomplainant and the accused have amicably settled their dispute through mediation, the State does not want to stand in their way of amicable settlement.

Having heard the learned counsel appearing on behalf of both the parties it appears that when the alleged wrong is

basically done to the victim and both the offender and the victim have settled their dispute amicably, irrespective of the fact that Section 354 of the Indian Penal Code is not compoundable, I am inclined to invoke inherent power to quash the impugned criminal proceeding, since in view of such settlement, there is hardly any chance that the accused would be convicted at the end of trial and if the power under Section 482 of the Code of Criminal Procedure be not invoked in the present circumstances, the cause of justice might be defeated. Reliance has been placed upon the ratio laid down in Gian Singh Vs. State of Punab reported in (2012) 10 SCC 303.

In such view of the matter, the criminal revisional application being CRR 682 of 2016 along with CRAN 12 of 2025 are allowed.

Let the impugned criminal proceeding being Bidhannagar (North) Police Station case no. 225 of 2014 dated 25.10.2014 corresponding to G.R. case no. 362 of 2014 presently pending before the learned Additional Chief Judicial Magistrate, Bidhannagar be quashed.

Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)