Basudeb Hazra v. State Of West Bengal And ANR

20.11.2023

IN THE HIGH COURT AT CALCUTTA

Item No.4 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 913 of 2023 with CRAN 1 of 2023 In the matter of : Basudeb Hazra ... Petitioner.

Mr. Wrickbrata Roy ... For the Petitioner.

Md. Anwar Hossain, Ms. Manisha Sharma ... For the State.

Md. Anwar Hossain, Ms. Manisha Sharma ... For the Opposite Party No.2.

Report dated 19.11.2023 submitted by Mr. Anwar Hossain, learned advocate appearing for the State be kept on record. Report encloses the statement and declaration of the opposite party no.2 viz. Biswapriya Banik who happens to be the de facto complainant and at whose instance Haridevpur Police Station Case No. 33 of 2022 dated 08.02.2022 was registered for investigation under Sections 406/420 of the Indian Penal Code.

In course of the pendency of the investigational proceedings, there has been amicable settlement between the parties as is reflected from the statement and declaration. Having considered the fact that both the sections are for magistrate triable offence and the complainant has received the amount as is reflected in his statement and declaration, I am of the view that further continuance of the proceedings pursuant to the amicable settlement entered between the parties is unwarranted.

Accordingly, all further proceedings relating to Haridevpur Police Station Case No. 33 of 2022 dated 08.02.2022 under Sections 406/420 of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Alipore be quashed.

Thus, the revisional application being CRR 913 of 2023 along with the CRAN 1 of 2023 is allowed.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)