Jaffar Hossain Mondal & ORS v. Md Jahir Ali Gazi & ANR

23.6.2022 Court No.34 Sl. No. 3 SD CRR 2359 of 2019 With CRAN 1 of 2022 In the matter of: Jaffar Hossain Mondal & Ors. ....petitioners.

Mr. Swapan Kumar Mallick Mr. Sabyasachi Mondal ... for the Petitioners.

Ms. Sudeshna Das Mr. Sayan Mukherjee ... for the Opposite Party.

The present revisional application has been preferred for quashing of the proceeding being C Case No.621 of 2017 under Sections 448/427/506/34 of the Indian Penal Code pending before the learned 1st Judicial Magistrate, Basirhat, North 24-Parganas. It is submitted that during pendency of the revisional application at the intervention of local people, friends and well-wishers of the applicants the dispute between the parties have been settled out of Court. The dispute between the parties was personal and private in nature and no public policy is involved. As such the present proceeding if allowed to be continued will be an abuse of process of Court as at present there is no grievance against each other on any account.

Having considered the facts and circumstances of the case and that the matter has been amicably settled between the parties and that in view of such amicable settlement, there is hardly any chance of conviction in the present case and as such, continuance of the present proceeding will be an abuse of process of court considering the fate of the trial.

Accordingly, the criminal proceeding being C. Case No.621 of 2017 under Sections 448/427/506/34 of the Indian Penal Code pending before the learned 1st Judicial Magistrate, Basirhat, North 24Parganas is hereby quashed. CRR 2359 of 2019 along with CRAN 1 of 2022 is accordingly allowed.

(Ajoy Kumar Mukherjee, J.)