Sri Shaunak Banerjee @ Shounak ... vs Unknown
2022 Latest Caselaw 5307 Cal

11.8.2022 Court No.33 Sl. No.3 SD CRR 1029 of 2020 With CRAN 1 of 2020 (CRAN 1335 of 2020)

In the matter of: Sri Shaunak Banerjee @ Shounak Banerjee ....Petitioner.

Ms. Aindrila De ... for the Petitioner.

Mr. Prasun Kumar Dutta Md. Kutubuddin Mr. Santanu Deb Roy ... for the State.

The present revisional application under Section 482 of the

Code of Criminal Procedure has been preferred for quashing of the

proceeding being GR 73 of 2020 pending before the learned

Additional Chief Judicial Magistrate at Biddhanagar, North 24-

Parganas arising out of Biddhanagar North Police Station Case

No.10 dated 30.01.2020 under Sections 341/323/379/506 of the

Indian Penal Code against the petitioner.

It is submitted on behalf of the petitioner that due to

misunderstanding between the petitioner and the opposite party

no.2, the opposite party no.2 lodged a written complain, alleging

that the petitioner has assaulted him over a claim of money which

the opposite party no.2, owed to the petitioner and the petitioner

had purportedly taken away his bike and one mobile phone.

Accordingly, complain was registered at Biddhanagar Police

Station being Biddhanagar Police Station Case No.10 dated

30.01.2020 under Sections 341/323/379/506 of the Indian Penal

Code. After completion of investigation, charge-sheet has been

submitted under Sections 341/323/506 of the Indian Penal Code

on 16.7.2020. Parties have entered into a settlement in the

meantime. As the dispute and differences between the parties have

already been amicably settled, the opposite party no.2 does not

want to proceed further with the impugned criminal proceeding.

Accordingly, petitioner submits that in the above backdrop the

continuance of the present proceeding will be a mere abuse of

process of Court.

On the basis of submission made by the petitioner, the

investigating officer was directed to record statement of both the

complainant and the accused. Accordingly, investigating officer has

submitted a report along with the statements of the defacto

complainant and the accused which goes to show that the parties

have amicably settled their disputes and they do not have any

grievance against each other and as such, defacto complainant does

not want to continue the criminal proceeding against the

petitioner.

Considering the facts and circumstances of the case and that

the parties have amicably settled their dispute out of court and that

in view of the amicably settlement, chance of conviction of the

present petitioner is bleak and also relying upon the ratio of the

judgment of the Hon'ble Apex Court, in B.S. Joshi & others Vs.

State of Haryana & another, reported in AIR 2003 SC 1386,

and also considering the fact that no useful purpose is likely to be

served by allowing present criminal prosecution to continue, I find

that this is a fit case where invoking power under Section 482 of the

Code of Criminal Procedure, the present proceeding is required to

be quashed.

Accordingly, CRR 1029 of 2020 is allowed and all the

proceeding in G.R. Case No.73 of 2020 pending before the learned

Additional Chief Judicial Magistrate, Biddhanagar, North 24-

Parganas arising out of Biddhanagar Police Station Case No.10

dated 30.01.2020 under Sections 341/323/379/506 of the Indian

Penal Code is quashed.

CRAN 1 of 2020 is also disposed of accordingly.

The report submitted by the I.O. through public prosecutor in

Court today be kept with the record.

However, there will be no order as to costs.

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.

(Ajoy Kumar Mukherjee, J.)