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Calcutta High CourtCRR/1629/2021disposed

Dout Midda @Dawood Middya And ORS v. State Of West Bengal And ORS.

2021-11-16Hon'Ble Justice Tirthankar Ghosh2 pages

16.11.2021 sb CRR 1629 of 2021 With CRAN 1 of 2021 (Via video conference) In the matter of : Dout Midda @ Dawood Middy & ors. .......Petitioners Mr. Anirban Dutta Mr. Arka Naha ...for the petitioners Mr. Soumik Chakraborty ..for the opposite party no. 2 Ms. Sukanya Bhattacharya Md. Kutub Uddin ...for the State The present application was preferred in relation to Domjur Police Station case no. 422 of 2021 dated 19.6.2021 under Sections 448/427/379/506/34 of the Indian Penal Code. Mr. Dutta, learned advocate appears on behalf of the petitioners and Mr. Chakraborty, learned advocate appears on behalf of the opposite party no. 2.

In compliance of the earlier order dated 25.8.2021, the Officer-in-charge, Domjur Police Station has sent memo of evidence along with the statement of the complainant with the notarized affidavit which reflects that the opposite party no. 2 do not intend to proceed with the case. Such statement has also been made in the joint compromise petition filed before this court.

I have perused the subject matter of the case and the sections which have been incorporated. In view of the difference and disputes being settled between the parties, I am of the opinion that further continuance of the proceedings are unwarranted as chances of conviction are very bleak.

Consequently all further proceedings including the orders passed in connection with Domjur Police Station case no. 422 of 2021 dated 19.6.2021 under Sections 448/427/379/506/34 of the Indian Penal Code (G.R case no. 3170 of 2021) is hereby quashed. The memorandum of evidence along with the documents submitted by the learned advocate for the State is kept with the record.

Accordingly, CRR 1629 of 2021 is disposed of. The joint compromise petition being CRAN 1 of 2021 is allowed and other connected applications are disposed of. All parties are to act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)