Souvik Das v. State Of West Bengal

akb 09.04 Ct. No. 29 C.R.R. 2603 of 2019 With IA No. CRAN 1 of 2025 Souvik Das Vs.

The State of West Bengal Mr. Kallol Mondal Mr. Krishan Ray Mr. Anamitra Banerjee Mr. Akbar Laskar ...For the Petitioner Mr. Anindya Ghosh Mr. Pronojit Roy ...For the De Facto Complainant Mr. Rudradipta Nandy Ms. Sanjana Saha ...For the State Re.: IA No. CRAN 1 of 2025 Learned Counsel appearing on behalf of the de facto complainant petitioner and the State submit that the parties hav e amicably settled their dispute and to that extent they have filed one application, being IA No. CRAN 1 of 2025.

In the said application it is stated that during pendency of the case, due to intervention of well-wishers of both the parties, a settlement / compromise has been arrived at by the parties and complainant has decided to withdraw the criminal case initiated against the petitioners, for their future peaceful life.

In the present case it appears that on the basis of allegation leveled by the de facto complainant, police initiated investigation against the petitioner/accused for committing offence punishable under Section 341/323/186/506 of the Indian Penal Code and after completion of investigation, police submitted charge sheet. The Court below has taken cognizance upon the above-mentioned Sections in respect of the

petitioner herein.

In the meantime parties arrived at an amicable settlement and in terms of settlement, de facto complainant does not want to proceed further as reflected from IA No. CRAN 1 of 2025. In Madhavrao Jiwajirao Scindia & OIrs. Vs. Sambhajirao Chandrojirao Angre & Ors., reported in (1988) 1 SCC 692, Supreme Court held that while exercising inherent power of quashing under Section 482, it is for the High Court to take into consideration any special feature, which appears in a particular case to consider, whether it is expedient and in the interest of justice to permit a prosecution to continue. Where, in the opinion of the Court, chances of an ultimate conviction is bleak and therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the Court may while taking into consideration the special feature of a case, also quash the proceeding.

In the instant case, in view of above-mentioned amicable settlement complainant has decided to withdraw the imputations leveled by him and as such chance of a conviction of the petitioner is bleak and therefore continuance of present proceeding any further will be an abuse of process of Court.

Therefore the impugned proceeding, being G.R. Case No. 1006 of 2018 arising out of Bidhannagar South Police Station Case No. 197 of 2018 dated 28.12.2018, presently pending before the learned

Judicial Magistrate, Bidhannagar stands quashed. The revisional application, being C.R.R. 2603 of 2019 along with the application, being IA No. CRAN 1 of 2025 are accordingly allowed.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J. )