Sourav Dutta And Another v. State Of West Bengal And ANR

C.R.R.1438 of 2023 D/L2 19.12.2023 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure;

Sourav Dutta and another

Versus

The State of West Bengal and another Mr. Ganesh N. Jagodia Mr. Pawan Kumar Gupta Ms. Satabdi Dutta, ...for the petitioners.

Mr. Swapan Banerjee Mr. Suman De.

...for the State.

Mr. Rijul Taneja.

...for the opposite party no.2.

Report submitted by Mr. Suman De, learned advocate appearing for the State be kept with the record. Earlier it was submitted on behalf of the petitioners as well as the on behalf of the opposite party no.2 that the dispute and difference have been settled. I find that the allegations were under Sections 354A(iv)/509/34 of the Indian Penal Code which was registered for investigation in connection with Airport Police Station Case No.18 of 2023. On conclusion of investigation, charge-sheet was submitted. However, consequently a compromise was arrived at between the parties. The statement of the opposite party no.2 reflects that she do not intend to pursue with the present criminal case. The declaration also reflects the same. Considering the changed circumstances and that

amicable settlement has taken place between the parties, I am of the view that the chances of conviction in the present case is bleak and further continuance of the proceedings would result in harassment of the parties.

Accordingly, all further proceedings arising out of Airport Police Station Case No.18 of 2023 including the charge-sheet submitted therein and presently pending before the learned ACJM, Barrackpore under Sections 354A(iv)/509/34 of the Indian Penal Code is hereby quashed.

Thus, the revisional application being CRR 1438 of 2023 is allowed.

Pending connected application, if any, is consequently disposed of.

All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)