Biman Saha And ORS. v. State Of West Bengala And ANR

C.R.R. No.1625 of 2022 With CRAN 1 of 2022 D/L7 June 9, Bpg.

In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973;

Biman Saha & Ors.

Versus

The State of West Bengal & Anr.

Ms. Sanjana Saha.

...for the petitioners.

Mr. Subir Ganguly, Mr. Durga Prasad Dutta, Mr. Souvik Sen, Mr. Sumanta Ganguly.

...for the opposite party no.2.

Mr. Saswata Gopal Mukherjee, Ld.P., Ms. Faria Hossain, Ms. Baisali Basu.

...for the State.

Report submitted by the learned Public Prosecutor be kept with the record.

Report incorporates the statement of Sujit Saha and Jayeeta Saha at whose instance the present proceeding being Behala Police Station Case No.278 of 2021 (corresponding to A.C.G.R. Case No.3876 of 2021) dated 02.10.2021 under Sections 341/323/504/506/114 of the Indian Penal Code was registered. Both the statements so incorporated reflect that the complainant and his husband are not interested to pursue the criminal case in view of the amicable settlement/compromise arrived at between the parties.

Having regard to the offences so alleged, I am of the opinion that further continuance of the proceedings in the changed circumstances are unwarranted and the parties may be allowed to compromise the proceedings.

Accordingly, all further proceedings arising out of Behala Police Station Case No.278 of dated 02.10.2021 (corresponding to A.C.G.R. Case No.3876/2021) pending before the learned ACJM, Alipore as also the charge-sheet so submitted is hereby quashed.

Thus, CRAN 1 of 2022 along with CRR 1625 of 2022 is allowed.

Pending connected applications, if any, are disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)