Palak Agarwal And ORS 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 IA No.:CRAN/1/2022 in CRR 2309 of 2022 Palak Agarwqal & Ors.

Vs.

The State of West Bengal & Anr.

For the petitioners :

Mr. Prabir Adhya, Adv., Mr. Anirban Ghosh, Adv.

For the State :

Ms. Faria Hossain, Adv., Mrs. Baisali Basu, Adv.

Judgement on :

19.09.2022.

Bibek Chaudhuri, J.

The petitioners/accused persons have filed CRR 2309/2022 praying for quashing of further proceedings in Panchasayar Police Station Case NO. 35/2021 dated 8th June, 2021 under Sections 323/341/387/504/34/120B of the Indian Penal Code. During the pendency of the instant revision, the dispute between the parties has been amicably settled by the intervention of the friends and well wishers of the parties. The petitioners as well as the de facto complainant/opposite party no. 2 have filed a joint

application praying for settlement and quashing of the proceeding on the basis of compromise.

By an order dated 1st September, 2022, this Court directed the Public Prosecutor-in-Charge to instruct the Officer-in-Charge of Panchasayar Police Station to record a statement of the de facto complainant to ascertain as to whether the settlement was voluntary and without any coercion.

The Police Officer has filed the report stating, inter alia, that the parties have settled the dispute voluntarily by the intervention of the friends and well wishers.

In view of such circumstances and considering the fact that the offence complained of is absolutely private and compoundable in nature. The application for settlement of the dispute is allowed. In view of the above order, further proceedings in respect of Panchasayar Police Station Case No. 35/2021 dated 8th June, 2021 under Section 323/341/387/504/34/120B be quashed. The revisional application as well as the connected application are disposed of.

(Bibek Chaudhuri, J.) Srimanta, A.R.(Ct.) Item No.01 .