Sher Bahadur Jaiswal vs The State Of West Bengal & Ors
2022 Latest Caselaw 1818 Cal

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION

Present:

The Hon'ble Justice Jay Sengupta

C.R.R. 2092 of 2021 CRAN 1 of 2021 Sher Bahadur Jaiswal

-vs-

The State of West Bengal & Ors.

For the Petitioner             :       Mr. Koustav Bagchi
                                       Mr. Debayan Ghosh
                                       Ms. Priti Kar



For the Opposite party No. 3   :       Mr. Aniruddha Bhattacharya



For the State                  :       Mr. Sudip Ghosh
                                       Mr. Bitasok Banerjee



Heard on                       :       06.04.2022

Judgment on                        :   06.04.2022




Jay Sengupta, J.:

This is an application for quashing of a criminal proceeding

being G.R. Case No. 1523 of 2017 presently pending before the

learned Judicial Magistrate, 4th Court, Durgapur, Paschim

Bardhaman in which a charge-sheet was submitted under Section

379 of the Indian Penal Code and Sections 37, 51, 63 and 65 of the

Copyright Act.

Learned counsel appearing on behalf of the accused petitioner

submits as follows. During pendency of the proceeding, a

compromise and settlement was arrived at between the private

parties of all disputes that had led to the initiation of the impugned

proceeding. The parties have decided to bury the hatchet and move

forward. In view of the compromise, the impugned proceeding may

be quashed.

Learned counsel appearing on behalf of the defacto-

complainant/opposite party submits as follows. A compromise has

indeed been arrived at between the private parties of all disputes

that had led to the registration of the First Information Report. In

fact, the case was a result of temporary misunderstandings between

the private parties. This is purely a private dispute between two

parties and therefore, the impugned proceeding may be quashed on

the ground of compromise and settlement.

Learned counsel appearing on behalf of the State relies on the

case diary and submits that the State would not come in the way if a

compromise is arrived at between the private parties.

I have heard the submissions of the learned counsels

appearing on behalf of the petitioner, the private opposite party and

the State and have perused the revision petition, the joint

compromise application and the case diary.

It appears that a compromise and settlement has indeed been

arrived at between the accused and the complainant/victim of all

disputes that had led to the initiation of the impugned proceeding.

The allegations contained in the complaint pertain to

purported commercial dispute between private parties.

In view of the above and in the interest of justice, I quash the

impugned proceeding on the ground of settlement and compromise

arrived at between the private parties.

Accordingly CRR 2092 of 2021 and CRAN 1 of 2021 are

disposed of.

Urgent photostat certified copies of this order may be delivered

to the learned Advocates for the parties, if applied for, upon

compliance of all formalities.

(Jay Sengupta, J.) ssi