Keshab Ranjan Paul v. State Of West Bengal And ANR

17.06.2022

IN THE HIGH COURT AT CALCUTTA

Item No.2 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2702 of 2021 Keshab Ranjan Paul versus The State of West Bengal & Anr.

In Re: An Application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

Mr. Supratik Basu ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ... For the State.

Mr. Pradyat Saha ... For the Opposite Party No.2.

Pursuant to a settlement, certain terms and conditions were worked out between the petitioner and the private opposite party no.2. A report was called for wherein the opposite party no.2, by way of a statement, which has been recorded by the concerned police officer, does not intend to pursue the criminal case being Barrackpore Women Police Station Case No. 40 dated 02.05.2018 under Sections 498A/326(B)/325/406/506/34 of the Indian Penal Code. The records of this case also include the settlement agreement which was before the Hon'ble Supreme Court Mediation Centre and was approved by the Hon'ble Supreme Court.

The report also reflects that the opposite party no.2 is to receive a sum of Rs.3,00,000/- at the time of withdrawal of the present criminal case. A demand draft bearing No. 685266 drawn in the name of Sarasvati Paul has been enclosed along with this revisional application and the

original has been handed over to the learned advocate appearing for the opposite party no.2.

In view of the report so submitted and the intention expressed by the opposite party no.2 in her statement before the police officer and the fact that a demand draft of Rs.3,00,000/- has been handed over as per the terms of settlement entered into between the parties, I am of the opinion that further continuance of the criminal proceedings is unwarranted in the changed circumstances.

Accordingly, all further proceedings arising out of Barrackpore Women Police Station Case No. 40 dated 02.05.2018 (G.R. Case No. 2456 of 2018) under Sections 498A/326(B)/325/406/506/34 of the Indian Penal Code are hereby quashed.

Let the report submitted by Mr. Arijit Ganguly, learned advocate for the State be kept on record.

With the aforesaid observations, the revisional application being CRR 2702 of 2021 is allowed. All pending connected applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)