Kanahaiya Mishra & Ors vs The State Of West Bengal & Anr
2022 Latest Caselaw 4837 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                               Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
                        I.A. No : CRAN/1/2022
                                   In
                        C.R.R. 2221 of 2022
                     Kanahaiya Mishra & Ors.
                                 Vs.
                   The State of West Bengal & Anr.

For the petitioner      : Mr. Amitabha Ghosh, Adv.

For Private O.P.        : Mr. Bandhu Brata Bhula, Adv.
                          Mr. Ranajit Roy, Adv.

For the State           : Mr. Saswata Gopal Mukherjee, Ld.P.P.
                          Ms.Faria Hossain, Adv.
                          Mr. Anand Keshari, Adv.

Heard on                : 28.07.2022

Judgment On             : 28.07.2022.

Bibek Chaudhuri, J.

It is submitted by the learned Public Prosecutor that the

petitioners have not served a copy of the application in his office. On

the other hand, a copy of the application was sent to the Officer-in-

Charge of the jurisdictional police station with a direction of this Court

dated 11th July, 2022 and the Officer-in-Charge of the said Police

Station has already submitted his report. Mr. Keshari, learned

Advocate assisting the learned Public Prosecutor has submitted the

report. Mr. Ghosh, learned Advocate for the petitioners is requested

to hand over a copy of the application to the learned Public

Prosecutor, High Court, Calcutta which he has already complied in

Court.

It appears from the record that ACGR Case No.2515 of 2021

under Sections 419/420/406/120B of the Indian Penal Code pending

before the learned Additional Chief Judicial Magistrate, Alipore arising

out of Patuli Police Station Case No.108 of 2021 dated 6 th July, 2021

is at present pending for disposal. During pendency of the said case

the parties have arrived at a compromise. A joint petition of

compromise has been filed by the parties being CRAN 1 of 2022.

I am in conformity that the alleged offence is compoundable in

nature. More so, it is ascertained from the reports submitted by the

Officer-in-Charge, Patuli Police Station that the de-facto complainant

preferred a revision being WPA 17330 of 2021 where she admitted

that entire dispute between parties has been resolved with the

intervention of the police authorities.

In view of such circumstances, this Court is empowered under

Section 482 of the Code of Criminal Procedure to record compromise

and dispose of the instant revision in accordance with law.

In view of the joint compromise petition filed by the de-facto

complainant and the opposite party/accused and considering the

submissions made by the learned Advocate for the de-facto

complainant that the dispute has been amicably settled, the joint

petition for compromise is accepted. In view of such compromise,

Patuli Police Station Case No.108 of 2021 corresponding to the ACGR

Case No.2515 of 2021 under Sections 419/420/406/120B of the

Indian Penal Code presently pending before the learned Additional

Chief Judicial Magistrate at Alipore be quashed.

The instant revision and the connected application being CRAN

No.1/2022 is accordingly disposed of.

The report submitted by the Officer-in-Charge, Patuli Police

Station be kept with the record.

Let a copy of this order be communicated through the learned

Advocate for the parties appearing in the Trial Court for information

and compliance by the learned Magistrate.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.3.

D/L.