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Calcutta High CourtCRR/1349/2020disposed

Mainuddin Molla v. State Of West Bengal

2020-09-30Hon'Ble Justice Jay Sengupta3 pages

30.09.2020 Item N0. 26 Ct. No19 nb/agm CRR 1349 of 2020 CRAN 1 of 2020 CRAN 2 of 2020 (Via Video Conference) In the matter of : Mainuddin Molla ..... Petitioner Ms. Devipriya Mitra, .... for the Petitioner Mr. Saibal Bapuli, Ld. APP Ms. Sayanti Santra, ... for the State.

Ms. Antara Banerjee, ... for the OP No. 2.

This is an application for quashing of the proceeding in G.R. Case No. 304 of 2020 pending before the learned Chief Judicial Magistrate, Purulia under Sections 406/420/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits as follows. A compromise has been arrived at between the accused and the defacto complainant and the money involved being Rs. 38,500/- was paid by the accused to the de facto complainant. A joint compromise application has also been filed in this regard.

Learned Counsel on behalf of the defacto complainant/opposite party supports the contentions of the learned Counsel appearing on behalf of the petitioner that a compromise has been arrived at between the de facto

complaint and accused and accordingly, the impugned proceedings should be quashed on the ground of compromise. The learned counsel appearing on behalf of the State submits that the State shall not come in the way if a compromise is arrived at between the private parties. I have heard the learned counsels for the petitioner, the private opposite party and the State and have perused the revision petition.

It appears that a compromise has been arrived between the private parties and the money in question has been paid by the accused to the defacto complainant.

In view of the compromise arrived at between the private parties, I quash the impugned proceeding being G.R. Case No. 304 of 2020 pending before the learned Chief Judicial Magistrate, Purulia under Sections 406/420/34 of the Indian Penal Code.

CRR 1349 of 2020 along with CRAN 1 of 2020 and CRAN 2 of 2020 are disposed of.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)