Amiya Kumar Sahu v. State Of West Bengal & ANR
2.2.2022 sb CRR 1453 of 2018 With CRAN 1 of 2022 (Via video conference) In Re: An application under Section 482 of the Code of Criminal Procedure 1973.
In the matter of : Amiya Kumar Sahu .......Petitioner Mr. Sabir Ahmed Mr. Apan Saha ..........for the petitioner Mr. Mujibar Ali Nashar ...for the O.P no. 2 Mr. Saryati Dutta ...for the State The present revisional application was preferred challenging the proceedings arising out of Parnasree Police Station Case No. of dated May 2, under Sections 323/341/427/504/379/506 of the Indian Penal Code. In course of hearing, Mr. Ahmed, learned advocate appearing for the petitioner submitted that a joint compromise petition has been filed as an amicable settlement was entered between the informant/defacto-complainant and the present petitioner who happens to be the Chief Manager (Legal), Bank of Baroda. Learned advocate for the informant/defacto-complainant is also present.
Mr. Dutta, learned advocate appearing for the State was earlier directed to submit a report after recording the statement of the informant/defacto-complainant. To that effect, a report has been submitted before this court enclosing the statement of the defacto-complainant. Let the same be kept with the record.
The report as well as the statement reflects that the informant/defacto-complainant is not willing to pursue the case any further and it has been categorically stated that an amicable settlement has been arrived at between the parties. Mr. Dutta, learned advocate for the State also produces the Case Diary and submits that the charge-sheet, in the instant case, was filed under Sections 323/341/504 of the Indian Penal Code.
Having regard to the report which has been submitted by the police authorities and the joint compromise which has been arrived at, I am of the opinion that the further continuance of the proceedings are unwarranted in the changed circumstances. Accordingly, Parnasree Police Station Case No. 107 of 2018 dated May 2, 2018 and the charge-sheet submitted therein under Sections 323/341/504 of the Indian Penal Code which is presently pending before the Additional Chief Judicial Magistrate, Alipore, is hereby quashed.
Accordingly, the revisional application being CRR 1453 of 2018 along with the joint compromise application being CRAN 1 of 2022 is allowed.
Interim order, if any, is made absolute.
Pending applications, if any, are consequently disposed of. All parties are to act on the server copy of this order, duly obtained from the official website of this Court. (Tirthankar Ghosh, J.)