Sujit Saha v. State Of West Bengal And ANR

C.R.R. No.1468 of 2020 With CRAN 2 of 2022 D/L 14 May 18, Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973 filed for quashing of the proceedings being No.ACGR 3098/2019 arising out of Behala Police Station Case No.208 dated 12.07.2019 under Sections 420/406/120B of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas;

Sujit Saha

Versus

The State of West Bengal & Anr.

Mr. Subir Ganguly, Mr. Durga Prasad Dutta, Mr. Sumanta Ganguly.

...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld.P.P., Mr. Arijit Ganguly, Mr. Aniket Mitra.

...for the State.

Mr. Rudradipta Nandy, Mr. Soumya Nag, Ms. Sanjana Saha.

...for the opposite party no.2.

Report submitted by the Officer-in-Charge, Behala Police Station be kept with the record.

The revisional application was preferred challenging the proceedings relating to Behala Police Station Case No.208 dated 12.07.2019 under Sections 420/406/120B of the Indian Penal Code.

The report so submitted before this Court encloses the statement of Biman Saha at whose instance the present case was

registered with Behala Police Station. The statement categorically states that an amicable settlement has been entered into between the parties who are relatives and they do not intend to pursue the litigation.

Having regard to the statement so recorded by the concerned Officer of Behala Police Station which expresses the intention of the complainant and the contentions advanced in the joint compromise petition being CRAN 2 of 2022, I am of the opinion that further continuance of Behala Police Station Case No.208 dated 12.07.2019 as also the charge-sheet filed in connection with the said case under Sections 420/406/120B of the Indian Penal Code is unwarranted.

Accordingly, all further proceedings relating to ACGR 3098/2019 arising out of Behala Police Station Case No.208 dated 12.07.2019 as also the charge-sheet filed therein including the order so passed are hereby quashed.

Consequently, CRR 1468 of 2020 and CRAN 2 of 2022 are allowed.

Pending application, if any, is hereby disposed of. Interim order 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.)