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Calcutta High CourtCRR/3753/2025disposed

Aryaan Arora v. State Of West Bengal And ANR

2025-09-04Hon'Ble Justice Chaitali Chatterjee (Das)3 pages

04.09.2025 Item No.03 Ct. No. 446 PG C.R.R. 3753 of 2025 With I.A. No. CRAN 1 of 2025 Aryaan Arora Vs.

The State of West Bengal & Anr.

Mr. Dipanjan Dutt Ms. Sambrita B. Chatterjee Mr. Rajiv Kumar Mr. Soumodip Ghosh ......for the petitioner Mr. Adil Badr Mr. Shubham Bhakt.....for the State Ms. Sonia Nandy......for the opposite party no. 2 Re: I.A. No. CRAN 1 of 2025

1. Affidavit of service filed in Court today is taken on record.

2. This is an application filed jointly by both the petitioner as well as the opposite party no, 2 being the applicants herein for passing appropriate order by way of quashing of the proceeding of CGR Case No. 92 of 2023 pending before the learned Chief Judicial Magistrate, South 24 - Parganas at Alipore in view of the subsequent development arose between the parties by way of an amicable settlement.

3. It is submitted by both the learned advocates representing the petitioner as well as the opposite party no. 2 that the application filed under section 528 of BNSS for quashing of the proceeding, as mentioned above arose from the investigation proceeding of Ballygunge Police

Station Case No. 4 of 2023 dated 10.01.2023 under sections 279/338/427 of the Indian Penal Code, which was initiated on the basis of a statement made by the applicant, treated to be complaint.

4. During the pendency of the said aforesaid proceeding, at the intervention of the friends and well wishers, the entire dispute giving rise to the purported cause of action for institution of such complaint was amicably settled and accordingly, the opposite party no. 2 being the applicant no. 2 in this application has expressed that he has no further claims against the accused persons in connection with the instant case and thereby the applicant no. 2 does not wish to proceed with the complaint, as filed by him.

5. Accordingly, it is prayed that the entire proceeding be quashed pursuant to the amicable settlement between the de facto complainant and the present petitioner.

6. Learned Prosecution produced before this Court the statement given under section 161 Cr.P.C. by the de facto complainant, which further supports the same as there is an amicable settlement between the parties after having discussed with all others and therefore he is not willing to proceed with the case. Let such statement, as handed over to this Court by the learned Prosecution be kept with the record.

7. In view of this development, this Court finds no reason to allow this process to continue, which would be otherwise waste of judicial power and time. Considering that he entire grievance has been sorted out and that the de facto complainant himself is willing to enter into a compromise with the present petitioner and jointly filed this application, hence no reason is there not to allow the prayer of the petitioner.

8. In view of the same, I.A. No. CRAN 1 of 2025 stands allowed and disposed of.

Re: C.R.R. 3753 of 2025

9. In view of the development, the proceeding in C.R.R. 3753 of 2025, which was filed for quashing of the proceeding of CGR Case No. 92 of 2023 pending before the learned Chief Judicial Magistrate, South 24-Parganas at Alipore which arose from the investigational proceedings of Ballyunge Police Station Case No. 4 of 2023 dated 10.01.2023 stands hereby quashed.

10.

Accordingly, this revisional application stands disposed of.

11.

All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court.

(Chaitali Chatterjee (Das), J.)