Sanu Dandapat v. State Of West Bengal And ANR
To
13. CRR 2026 of 2024 04.02.2026 With Bd. CRAN 1 of 2024 Sanu Dandapat Vs.
The State of West Bengal & Anr.
with CRR 3339 of 2023 Ct. 29 with CRAN 1 of 2024 Mousumi Dandapat Vs.
The State of West Bengal & Anr.
with CRR 3585 of 2023 With CRAN 1 of 2024 Sumit Dutta Vs.
The State of West Bengal & Anr.
.
Mr. Arkadyuti Pahari Ms. Gargi Maity ...for the Petitioner. Mr. Soham Kumar Mr. Alik Mandi ...for the O.P. no. 2 Mr. Debasish Roy, Mr. Arijit Ganguly Ms. Debjani Sahu ...for the State The reports filed by the State are taken on record. These applications pertain to a prayer for quashing of entire proceeding being Baranagar Police Station Case No. 688 of 2022 dated 23.11.2022 under sections 403/406/420/427/506/34 of the Indian Penal Code corresponding to GR Case No. 11343 of 2022 lodged against respective petitioners of aforesaid three Applications, presently pending before learned Additional Chief Judicial Magistrate, Barrackpore.
It is submitted that the dispute between the parties have been amicably settled and put to an end and as such opposite party no. 2 does not want to proceed further with the instant criminal proceedings and to that extent the opposite no. 2 and the petitioner of respective cases filed connected applications being CRAN 1 of 2024 in the respective Applications being CRR 2026 of 2024, CRR 3339 of 2023 and CRR 3585 of 2023.
Learned counsel appearing for the State submitted a report, which discloses that the investigating agency has also recorded statement of defacto complainant Pratima Dandapat, who had stated that she has amicably settled the disputes with the petitioner of respective cases and she does not want to proceed with the imputations leveled in the FIR against the respective petitioners.
Having heard learned counsel for the petitioner and the opposite parties it appears that the opposite party no. 2 has clearly expressed her unwillingness to prosecute any further against the petitioner of respective cases and as such even if trial is allowed to continue, the chance of conviction of the petitioner of the respective cases is bleak and therefore continuance of further proceeding against the respective petitioner will be a mere abuse of the process of the Court. Moreover, it appears that the defactocomplainant and the petitioner of respective cases are of close relations and as such, if the prayer for quashing is refused only on the ground that some of the sections mentioned in the FIR are non-compoundable, that may become counter productive. On the contrary, when the good sense prevailed among the parties and
they have come up to settle the disputes amicably for their future peaceful co-existence, I find that ends of justice demands that the proceeding should be quashed invoking this court's jurisdiction under section 482 Cr.P.C./528 of the BNSS.
In view of the above, CRR 2026 of 2024 along with CRAN 1 of 2024, CRR 3339 of 2023 along with CRAN 1 of 2024 and CRR 3585 of 2023 along with CRAN 1 of 2024 are allowed. The impugned proceeding being GR Case No. 11343 of 2022 presently pending before learned Additional Chief Judicial Magistrate, Barrackpore, stands quashed.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J.)