Anirban Chandra Das v. State Of West Bengal

22.06.2023

IN THE HIGH COURT AT CALCUTTA

Item No.44 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1818 of 2022 Anirban Ch. Das versus The State of West Bengal In Re: An Application under Section 482 of the Code of Criminal Procedure.

Mr. Angshuman Chakraborty ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Imran Ali, Ms. Debjani Sahu ... For the State.

Memo of Evidence submitted by Mr. Imran Ali, learned advocate appearing for the State be kept on record. A report dated 21.06.2023 has been submitted by one Sub-Inspector connected with Sonarpur Police Station wherein the evidence of the complainant viz. Sarmistha Das has been quoted as follows :

"I have instituted this case against Anirban Das. He is the son of my maternal aunt (Masi).

He is present in court today.

This is the written complaint scribed by me.

This is my signature on the written complaint. The matter has been amicably settled in between me and the accused person.

Voluntarily and I have no dispute with the accused person at present.

I have submitted application of compromise before this court voluntarily.

I have also put signature on the same.

At present, I have no dispute with the accused. Cross Examined by the accused."

In view of the evidence of the complainant that there has been amicable settlement between the parties, which has been quoted in the said report, I am of the view that further continuance of Sonarpur Police Station Case No. 625 of 2014

wherein charge-sheet was submitted under Sections 341/323 of the Indian Penal Code is unwarranted.

Accordingly, all further proceedings relating to Sonarpur Police Station Case No. 625 of 2014 dated 25.04.2014 including the charge-sheet filed therein and the subsequent orders passed by the learned Additional Chief Judicial Magistrate, 2nd Court, Baruipur, South 24-Parganas are hereby quashed.

The revisional application being CRR 1818 of 2022 is, thus, allowed.

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

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.)