Ranjit Kumar Das And Anr vs The State Of West Bengal & Ors
2022 Latest Caselaw 3786 Cal

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

Present :
The Hon'ble Justice Bibek Chaudhuri


                             CRR 937 of 2022
                               With
                            CRAN 1 of 2022


                       Ranjit Kumar Das and Anr.
                                 Vs.
                      The State of West Bengal & Ors.


For the petitioners: Mr. Sandipan Ganguly, Sr. Adv.
                     Ms. Manaswita Mukherjee



For the State:    Mr. Saswata Gopal Mukherjee, Ld. P.P.
                  Ms. Debjani Sahu

For the O.P. No.2 & 3: Mr. Apalak Basu

Item No.03.



Heard & Judgment on:         30.06.2022


Bibek Chaudhuri, J.

The parties have settled their dispute out of Court

amicably and a joint petition for compromise has been filed by

them. It appears from the record that in connection with New

Town Police Station Case No.503 of 2017, charge sheet has been

submitted against the petitioners under Sections

323/326/427/341/120B/506/34 of the Indian Penal Code. It

appears from the charge sheet that except the allegation under

Section 326 of the Indian Penal Code all other alleged offences

are compoundable in nature. It is also learnt that the trial Court

has already framed charge against the petitioners under Section

326 of the Indian Penal Code.

On perusal of the materials on record as well as the case

diary, it appears that the husband of the de facto complainant

was assaulted by the petitioner No.1 with the help of 'sandals'

(chappal). He fell down on the ground and received injury on his

wrist. At the time of medical treatment it is found that his wrist

was fractured. It is found from the case itself that fracture

injury received by the husband of the de facto complainant does

not come within the meaning of grievous hurt under Section 320

of the Indian Penal Code. Therefore, no charge under Section

326 of the Indian Penal Code can be framed against the accused

persons. Since all other offences are bailable in nature and the

dispute has been settled amicably, G.R. Case No.3462 of 2017

under Sections 323/326/427/341/120B/506/34 of the Indian

Penal Code pending before the learned Judicial Magistrate, First

Court, Barasat, North 24 Parganas arising out of New Town

Police Station Case No.503 of 2017 dated 21 st October, 2017 be

quashed on compromise.

The joint compromise petition be made part of this order.

The instant application is, thus, disposed of.

(Bibek Chaudhuri, J.)