Sankar Maity And Others v. The State Of West Bengal And ANR
13.
&
14. CRR 1526 of 2025 IA No. CRAN 1 of 2025 16.12.2025 Subrata Batul Bd.
Ct. 29 Vs. The State of West Bengal & Anr.
With CRR 5156 of 2025 IA No. CRAN 1 of 2025 Sankar Maity & Ors.
-vs- State of West Bengal & Anr.
Mr. Surajit Basu Ms. Jasika Alam ... for the petitioners. (in item nos. 13 & 14) Mr. Abdur Rakib Mr. Biswajit Sarkar Mr. Mojahid Mehedi ... for the Opposite party no.2. (in item nos. 13 & 14) Mr. Debasish Roy Mr. Suman De Mr. Tirupati Mukherjee ... for the State. (in item nos. 13 and 14) Petitioners herein in both the applications being CRR 1526 of 2025 and CRR 5156 of 2025 assailed the impugned proceeding being G.R. Case No. 1790 of 2020 arising out of Pingla Police Station Case No. 210 of 2020 whether the allegations leveled against petitioners is about commissions of offences punishable under sections 341/323/506/34 of the Indian Penal Code presently pending before learned Judicial Magistrate, 5th Court, Paschim Medinipur. After completion of investigation police submitted charge-sheet under sections 341/323/506/34 of the Indian Penal Code. However, during pendency of the instant Application, the parties have amicably settled their disputes and to that extent
they have filed connected applications in both the matters being CRAN 1 of 2025.
Learned counsel for the State placed the case diary and submits that when the parties have amicably settled their disputes for their mutual co-existence and when the defacto-complainant has decided not to support imputations leveled against the petitioners in respect of the instant proceeding, the State does not want to stand in their way.
On perusal of FIR and other materials in record it appears that police could not collect any injury report during investigation in support of alleged hurt, caused by petitioners. The nature of offence as alleged in that view of the matter is not heinous. Inherent power of High Court is to be exercised to secure the ends of justice and/or to prevent abuse of the process of any court. The dispute between the offenders/petitioners and victim/opposite party no. 2 has been settled and the offences alleged are compoundable in nature. Therefore, in view of amicable settlement, further continuation of instant proceeding will be an exercise in futility and justice in this case demands, the dispute between the parties is put to an end peace is restored, securing the ends of justice being the ultimate guiding factor.
Therefore, continuance of further proceeding against the present petitioners will be a mere abuse of the process of the Court. Since the parties have amicably
settled their disputes and the defacto complainant have decided not to adduce evidence against the petitioners, I also find there is hardly any chance of conviction of the present petitioners at the end of trial.
In such view of the matter, CRR 1526 of 2025 along with CRAN 1 of 2025 and CRR 5156 of 2025 along with CRAN 1 of 2025 all are allowed.
The impugned proceeding being G.R. Case No. 1790 of 2020 arising out of Pingla Police Station Case No. 210 of 2020 dated 15.07.2020 presently pending before learned Judicial Magistrate, 5th Court, Paschim Medinipur, is hereby quashed.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J.)