Rajani Kanta Das And ORS. v. State Of West Bengal And ANR.

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction APPELLATE SIDE

Present:

The Hon'ble Justice Shampa Dutt (Paul) CRR 1796 of 2022 RAJANI KANTA DAS & ORS.

VS.

THE STATE OF WEST BENGAL & ANR.

For the Petitioners : Mr. Arun Kumar Maiti (Mohanty), Mrs. Kaberi Sengupta Mohanty, Mr. R.R. Mohanty, Ms. Snigdha Ghosh, Mr. Shivam Saha, Ms. Pusprita Chaudhury.

For the State : Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta.

Hearing concluded on : 13.12.2024 Judgment on : 13.12.2024 SHAMPA DUTT (PAUL), J. :

1.

The present revisional application has been preferred praying for quashing of the criminal proceeding being Mohanpore PS case no.191 of 2021 dated 20.06.2020 under Sections 448, 325, 307, 354 and 506 read with Section 34 of the Indian Penal Code, 1860 pending before the learned Additional Chief Judicial Magistrate, Dantan, Paschim Medinipore.

2.

It appears from the materials on record that the parties in this case are related to each other but are supporters of different political parties and due to the several disputes between the family members, several cases have been initiated by both the parties, a list of which is as follows:- Serial No.

Details of cases registered against the husband and son of opposite party no.

2 on the basis of complaint lodged by petitioner no. 1 Mohanpur P.S. Case No. 18/2021 dated 10.02.2021 under Sections 326/506/34 IPC I.

N.C.R. No. 193/2021 arising out of G.D.E.

No.

347, 357, Dt.

10/02/2021 & 10/02/2021 U/s 107 Cr.P.C. corresponding to N.G.R.

No. 869 (E) Kgp/2021 against petitioner no.

1Rajani Kanta Das II.

against petitioner no.

N.C.R. No. 192/2021 arising out of G.D.E.

No.

347, 357, Dt.

10/02/2021 U/s Cr.P.C.

corresponding to N.G.R. No. 868 (E) Kgp/2021 3- Pralay Das and one of his relations namely Malay Das III.

made by petitioner no. 1Rajani Kanta Das to the Inspectorin-Charge, Mohanpur Police Station IV.

Complaint dated 19.06.2021 and sent to District

Magistrate, Paschim Medinipur on 20.06.2021 registered against the petitioners in CRR 1796 of 2022 on the basis of complaint lodged by opposite party no.

2.

Mohanpur P.S. Case No. 191/2021 dated 20.06.2021 under Sections 450/376/511/307/325/506 read with Section 34 IPC V.

registered against the opposite party no. 2 and her husband on the basis of complaint lodged by the petitioner no. 1.

Mohanpur P.S. Case No. 194/2022 dated 26.07.2022 under Sections 447/323/427/506/354 read with Section 34 IPC VI.

registered against the petitioner no.

1, 3 and other members of his family on basis of complaint lodged by the opposite party no. 2.

Mohanpur P.S. Case No. 195/2022 dated 26.07.2022 under Sections 341/323/325/506/509 read with Section 34 IPC VII.

registered against the opposite party no.

2, her husband and her son on the basis of the complaint lodged by cousin's wife of the petitioner no.

1.

Mohanpur P.S. Case No. 196/2022 dated 26.07.2022 under Sections 447/323/325/506/509 read with Section 34 IPC VIII.

3.

Short note has been filed on behalf of the petitioners. The present case has been initiated for offence punishable under Sections 448, 325, 307, 354 and 506 read with Section 34 of the Indian Penal Code, 1860. The petitioner nos.1 and 4 are aged more than 70 years.

4.

Considering the nature of dispute between the parties and the fact that parties on regular basis are lodging complaints/filing cases against each other, present revisional application is disposed of directing the Magistrate to refer the parties in this case for mediation before the District Legal Services Authority. The learned Mediator shall consider all the cases as listed above and make a sincere effort to amicably settle the dispute between the parties at the earliest.

5.

This Court has not gone into the merits of this case regarding quashing of proceeding and the said forum is kept open for the petitioners, in case, they have to seek necessary relief. 6.

CRR 1796 of 2022 is accordingly disposed of.

7.

All connected applications, if any, stands disposed of. 8.

Interim order, if any, stands vacated.

9.

Copy of this judgment be sent to the learned Trial Court for necessary compliance.

10.

Urgent certified website copy of this judgment, if applied for, be supplied expeditiously after complying with all, necessary legal formalities.

[Shampa Dutt (Paul), J.]