Dulal Chandra Paul vs State Of West Bengal And Anr
2022 Latest Caselaw 3896 Cal

Form J(2)          IN THE HIGH COURT AT CALCUTTA
                      Criminal Revisional Jurisdiction
                             Appellate Side

Present :
The Hon'ble Justice Bibek Chaudhuri


                            CRR 38 of 2021
                                With
                           CRAN 1 of 2021

                          Dulal Chandra Paul
                                    Vs.
                       State of West Bengal and Anr.


For the petitioner:     Mr. Angshuman Chakraborty
                        Mr. Shashanka Shekhar Saha


For the O. P.2 :        Mr. Snehansu Majumder

For the State"          Mr. S. G. Mukherjee, Ld. P.P.
                        Mr. Arijit Ganguly
                        Mr. Sanjib Kumar Dan


Item No.02.



Heard & Judgment on:         01.07.2022


Bibek Chaudhuri, J.

Affidavit of service be kept with the record.

Background of G. R. Case No.1225 of 2019 arising out of

Bankura Police Station Case No. 284 of 2019 is that the opposite

party No.2 supplied eggs to the petitioner and a sum of rupees

one crore fell due to the opposite party No.2. Over the said

incident a dispute cropped up between them and a case under

Sections 341/326/325/307/506/406/420/34 of the Indian Penal

Code was registered against the petitioner. During the pendency

of the case the petitioner was granted anticipatory bail on

condition to deposit a sum of rupees twenty lakhs in the Court

below. After getting anticipatory bail the petitioner approached

the opposite party No.2 to settle the dispute and the dispute was

settled by and between the parties.

Learned advocate for the opposite party No.2 and the

learned advocate for the State have entered appearance.

Learned advocate for the opposite party No.2 has also submitted

that the dispute between the parties has been settled. Learned

P.-in-charge has filed the police report wherefrom it is

ascertained that the Investigating Officer of the case enquired

into the matter and found that the dispute has been amicably

settled between the O.P. No.2 and Dulal Chandra Paul, petitioner

herein out of Court with the intervention of their friends and

well-wishers and he has received all his dues from Dulal Chandra

Paul and he has no claim from Dulal Chandra Paul. The opposite

party No.2 does not want to proceed with G. R. Case No.1225 of

2019.

It is found from the record that the charge sheet was

submitted in the aforementioned case under Sections

341/325/506/406/420/34 of the Indian Penal Code.

However, I have gone through the case diary meticulously.

All other offences are compoundable in nature at the option of

the de facto complainant.

When the de facto complainant does not want to proceed

with the case, there is no impediment to drop G. R. Case

No.1225 of 2019 on the ground of compounding offence.

In view of the above discussion, the instant criminal

revision is disposed of directing the trial Court to compound the

offence and record an order of acquittal in favour of the

petitioner.

Joint compromise petition be made part of this order.

Report submitted by the Investigating Officer also be kept

with the record.

The instant revisional application and the connected

application are disposed of.

(Bibek Chaudhuri, J.)