Sukdev Das vs The State Of West Bengal & Anr
2021 Latest Caselaw 668 Cal

28.01.2021.

ap

C.R.R. 2485 of 2018 with IA No. CRAN 1 of 2020 (Old CRAN 5 of 2020)

Sukdev Das Vs.

The State of West Bengal & Anr.

(Via Video Conference)

Mr. Subhrojyoti Ghosh ... For the petitioner.

Mr. Swapan Banerjee Mr. Suman De ... For the State.

Mr. Amitabha Ghosh ... For the defacto-complainant.

The application, being CRAN 5 of 2020, revealing a

mutual settlement of the dispute between the parties during the

pendency of the revisional application is taken up for hearing.

The application is supported by affidavit, sworn by the

petitioner and the defacto-complainant, victim respectively.

Previously, the trial court convicted the petitioner and

thereafter the same findings went affirmed in appellate court.

The revisional application, now pending before this Court is

subsequent to the appellate decision already rendered in this

case affirming the order of conviction u/s 406/420 I.P.C. Since

compromise can be given effect at any point of time, including

the appeal and the revisional application, if there be any, the

application, being CRAN 5 of 2020, filed by the parties to this

case needs to be disposed of in accordance with the provisions

of law.

Mr. Banerjee, learned advocate representing the State

does not raise any objection so as to stand in the way.

Having considered the mutual settlement already effected

between the parties leading to the liquidation of money, said to

have been cheated, the offence complained of stands

compounded. The petitioner deserves to be acquitted under

Section 320 of the Criminal Procedure Code.

Since the revisional application filed, by the petitioner is

against the appellate judgment affirming the order of

conviction, the same does not require to be addressed on

merits, by reason of the compromise having effected between

the parties. The order of conviction, as already affirmed by the

appellate court is, thus, set aside.

The revisional application and the connected application

stand disposed of.

Urgent photostat copy of this order, if applied for, may be

supplied to the parties upon compliance of requisite formalities.

(Subhasis Dasgupta, J.)