Sk. Meheraj v. State Of West Bengal And ANR
25.11.2025 sb CRR 2767 of 2025 with CRAN 1 of 2025 Sk. Meheraj Vs.
The State of West Bengal & Anr.
Ms. Sangita Banerjee ...for the petitioner Mr. Rajikul Islam Sardar ....for the O.P. no. 2 Mr. Debasish Roy, Ld. PP Ms. Shaila Afrin Mr. Debanshu Ghorai ...for the State This is an application wherein the petitioner has prayed for quashing the impugned proceeding being G.R. case no. 175 of 2022, presently pending before the learned Chief Judicial Magistrate, Howrah.
That the allegation levelled against the petitioner in the FIR is that on 7.1.2022 at 10.30 hrs., the petitioner came into complainant's house and assaulted the complainant by sharp weapon and bricks and they also tried to kill him over property dispute. As a result, he received serious bleeding injury and he was treated at private hospital. Outraging female modesty has also been alleged and further allegation is that the petitioner had taken away Rs. 1200/- from the complainant's pocket. After completion of investigation, police submitted charge-sheet under Section 341/323/506/34 of the IPC.
It is now submitted that over the incident of quarrel that took place on 7th January, 2022, both the parties lodged
a written complaint against each other. However that dispute among the family members have been settled and written settlement was made on 21st July, 2023 in presence of respectable persons in the locality. Petitioners and the defact-complainant are now living peacefully at present and the defacto-complainant has no grievance against the petitioner and to that extent, they have filed connected application being CRAN 1 of 2025.
Learned counsel for the opposite party no. 2 submits that the matter has been amicably settled and his client has put his signature on the connected application. Learned Public Prosecutor appearing on behalf of the State placed the case diary and submits that since the parties have amicably settled their dispute, the State does not want to stand in their way.
Having considered the facts and circumstance of the case and that parties have arrived at an amicable settlement in the interest of their future peaceful co-existence with the intervention of local people, and that at present they are living peacefully and that the defacto-complainant had decided not to adduce evidence in support of the imputations levelled in the complaint, I find, a faked trial if allowed to continue, will be a mere abuse of process of the court. Moreover in view of such settlement, there is hardly any chance of conviction at the end of the trial. Above all, offences in respect of which charge-sheet has been submitted, are compoundable offences.
Having considered the facts and circumstances of the case, the applications being CRR 2767 of 2025 along with the connected application being CRAN 1 of 2025 are allowed. The impugned proceeding being G.R. case no. 175 of 2022, presently pending before the learned Chief Judicial Magistrate, Howrah is hereby hereby quashed.
Urgent Photostat certified of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J.)