Kanahaiya Mishra And Others v. State Of West Bengal And ANR

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri I.A. No : CRAN/1/2022 In C.R.R. 2221 of 2022 Kanahaiya Mishra & Ors.

Vs.

The State of West Bengal & Anr.

For the petitioner : Mr. Amitabha Ghosh, Adv.

For Private O.P. : Mr. Bandhu Brata Bhula, Adv. Mr. Ranajit Roy, Adv.

For the State : Mr. Saswata Gopal Mukherjee, Ld.P.P. Ms.Faria Hossain, Adv.

Mr. Anand Keshari, Adv.

Heard on : 28.07.2022 Judgment On : 28.07.2022.

Bibek Chaudhuri, J.

It is submitted by the learned Public Prosecutor that the petitioners have not served a copy of the application in his office. On the other hand, a copy of the application was sent to the Officer-inCharge of the jurisdictional police station with a direction of this Court dated 11th July, 2022 and the Officer-in-Charge of the said Police Station has already submitted his report. Mr. Keshari, learned

Advocate assisting the learned Public Prosecutor has submitted the report. Mr. Ghosh, learned Advocate for the petitioners is requested to hand over a copy of the application to the learned Public Prosecutor, High Court, Calcutta which he has already complied in Court.

It appears from the record that ACGR Case No.2515 of 2021 under Sections 419/420/406/120B of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Alipore arising out of Patuli Police Station Case No.108 of 2021 dated 6th July, 2021 is at present pending for disposal. During pendency of the said case the parties have arrived at a compromise. A joint petition of compromise has been filed by the parties being CRAN 1 of 2022. I am in conformity that the alleged offence is compoundable in nature. More so, it is ascertained from the reports submitted by the Officer-in-Charge, Patuli Police Station that the de-facto complainant preferred a revision being WPA 17330 of 2021 where she admitted that entire dispute between parties has been resolved with the intervention of the police authorities.

In view of such circumstances, this Court is empowered under Section 482 of the Code of Criminal Procedure to record compromise and dispose of the instant revision in accordance with law.

In view of the joint compromise petition filed by the de-facto complainant and the opposite party/accused and considering the submissions made by the learned Advocate for the de-facto complainant that the dispute has been amicably settled, the joint petition for compromise is accepted. In view of such compromise, Patuli Police Station Case No.108 of 2021 corresponding to the ACGR Case No.2515 of 2021 under Sections 419/420/406/120B of the Indian Penal Code presently pending before the learned Additional Chief Judicial Magistrate at Alipore be quashed. The instant revision and the connected application being CRAN No.1/2022 is accordingly disposed of.

The report submitted by the Officer-in-Charge, Patuli Police Station be kept with the record.

Let a copy of this order be communicated through the learned Advocate for the parties appearing in the Trial Court for information and compliance by the learned Magistrate.

(Bibek Chaudhuri, J.) Mithun De/ A.R. (Ct).

Sl No.3.

D/L.