Ashoke Kumar Jain & ORS v. State Of West Bengal & ANR

C.R.R. No.2558 of 2014 With CRAN 1 of 2022 D/L2 May 13, Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Ashoke Kumar Jain & Ors.

Versus

State of West Bengal & Anr.

Mr. Kaushik Chatterjee.

...for the petitioners.

Mr. Arijit Ganguly, Ms. Debjani Sahu.

...for the State.

Ms. Sudarshana Nandi.

...for the opposite party no.2.

Subsequent to the order dated 6th May, 2022, the Officerin-Charge of Burrabazar Police Station has submitted a report dated 12th May, 2022.

Let the report be kept with the record.

Report enclosed reflects the statement of Anup Chowdhury at whose instance Burrabazar Police Station Case No.444/2012 dated 5.11.2012 was registered for investigation under Sections 324/114 of the Indian Penal Code and the investigating agency on conclusion of investigation submitted charge-sheet.

The petitioners approached this Court at a stage when the learned Magistrate was pleased to fix a subsequent date for supply of copies.

The statement of the complainant so enclosed and recorded by the Sub-Inspector of Burrabazar Police Station on 11.05.2022 reflects that the complainant does not wish to proceed with Burrabazar Police Station Case No.444/2012 dated 5.11.2012 in view of the amicable settlement and compromise arrived at with the present petitioners.

Having regard to the changed circumstances, I am of the opinion that further continuance of the proceedings is unwarranted. As such, all further proceedings of Burrabazar Police Station Case No.444/2012 dated 5.11.2012 pending before the learned Metropolitan Magistrate, 16th Court, Calcutta is hereby quashed. Accordingly, CRAN 1 of 2022 is allowed.

Consequently, CRR 2558 of 2014 is allowed.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby made absolute. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)