Calcutta High CourtCRR/2371/2024allowed

Sandip Bar v. State Of West Bengal And ORS.

2024-07-05Hon'Ble Justice Suvra Ghosh3 pages

05-07-2024 Ct. No.34 b.das CRR No. 2371 of 2024 + CRAN 1 of 2024 In the matter of :

Sandip Bar ..... petitioner.

Mr. Niladri Sekhar Ghosh Ms. Sompurna Chatterjee Mr. Sourav Mondal ...for the petitioner.

Mr. Debarshi Brahma ...for the opposite parties.

Mr. Debasish Roy Mr. Arijit Ganguly Ms. Sreemoyi Roy ...for the State.

Affidavit of service filed by the petitioner is taken on record.

Heard learned counsels for the parties and perused the report submitted as well as the Case Diary produced by the State.

It is submitted by both the parties that the dispute has been amicably settled between the parties. The statement of the private opposite parties recorded by the State indicates that they do not intend to proceed with the matter any further and has no allegation against the petitioner.

Learned counsel for the State submits that allegation against the petitioner is under Section 307 of the Indian Penal Code besides other allegations and charge-sheet is yet to be submitted.

Such issue has been dealt with by the Hon'ble Supreme Court in the authority in Narinder Singh & Ors. vs. State of Punjab & Anr. reported in (2014) 6 SCC 466 wherein the Hon'ble Supreme Court has held that only because FIR/charge-sheet incorporates the provision of Section 307 of the Indian Penal Code, this cannot be a ground for rejecting the petition under Section 482 of the Code and refuse to accept the settlement between the parties.

In the case in hand, since the dispute has been amicably settled between the parties and the private opposite parties do not intend to proceed with the matter any further, proceeding with the matter shall only be a futile exercise.

In view of the above, the revisional application being CRR 2371 of 2024 is allowed and the application being CRAN 1 of 2024 is disposed of.

GR Case No.1427 of 2022 pending before the learned Additional Chief Judicial Magistrate, Arambagh, Hooghly be quashed.

The petitioner be set at liberty at once and be discharged from his bail bond.

( Suvra Ghosh, J. )