Sri. Somtirtha Bhattacharya vs State Of West Bengal & Anr
2022 Latest Caselaw 4021 Cal

Form J(2)         IN THE HIGH COURT AT CALCUTTA
                     Criminal Revisional Jurisdiction
                                  Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                         IA No: CRAN/2/2022
                                  In
                          C.R.R. 39 of 2022

                      Sri. Somtirtha Bhattacharya
                                   Vs.
                      State of West Bengal & ANR.

For the petitioner        :    Mr. Saptarshi Dutt, Adv.

For O.P. No.2             :    Mr. Kajal Mukherjee, Adv.

For the State             :    Ms. Faria Hossain, Adv.
                               Mr. Anand Kesari, Adv.

Heard on                  : 06.07.2022

Judgment On               : 06.07.2022.

Bibek Chaudhuri, J.

On the basis of a written complaint submitted by opposite

party No.2, Smt. Purnima Chakraborty, Nabadwip Police Station Case

No.41 of 2019 dated 28 th January, 2019 under Sections

448/323/354B/427 of the Indian Penal Code was registered. In the

said case charge-sheet has been submitted on 30 th November, 2020

being No.497 of 2020.

The said case presently pending in the Court of the learned

Judicial Magistrate at Nabadwip.

The petitioner being the accused filed the instant revision for

quashing the above-mentioned criminal proceeding against him.

During the pendency of the instant revision, the petitioner has

submitted a letter through her learned Advocate stated, inter alia,

that she does not want to proceed with the above-mentioned case as

the dispute between the parties has been amicably settled.

It appears from the record that Section 354B of the Indian

Penal Code is not compoundable. Therefore, the instant case cannot

be compounded by the Trial Court in course of trial. However, this

Court has inherent power to pass an appropriate order on the ground

that the dispute between the parties has been amicably settled and

continuation of criminal trial will be a fruitful effort on the part of the

parties as well as the Court. Therefore, in order to save judicial time

and to honour the amicable settlement between the parties, the

proceeding being Nabadwip P.S. Case No. 41 of 2019 dated 28 th

January, 2019 under Sections 448/323/354B/427 of the Indian Penal

Code and consequent charge-sheet being No.497 of 2020 pending

before the learned Judicial Magistrate at Nadia be quashed.

The instant revision is accordingly disposed of with the above

order.

The parties are at liberty to inform the learned Court below

obtaining server copy of the order.

(Bibek Chaudhuri, J.)