Md Sohrab vs The State Of West Bengal & Anr
2023 Latest Caselaw 2239 Cal

Form J(1)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                               Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                      IA No: CRAN/1/2023
                               In
                       C.R.R. 190 of 2023
                          Md Sohrab
                              Vs.
                The State of West Bengal & Anr.

For the petitioner     : Mr. Pawan Kumar Gupta, Adv.
                         Mr. Amitava Ray, Adv
                         Ms. Sofia Nesar, Adv.
                         Mr. Santanu Sett, Adv.

For the O.P.No.2      : Mr. Anurag Bagaria, Adv.
                        Mr. Vijay Verma, Adv.

For the State         : Mr. Imran Ali, Adv.
                        Ms. Debjani Sahu, Adv.

Heard on               : 03.04.2023.

Judgment On            : 03.04.2023.

Bibek Chaudhuri, J.

Jorasanko Police Station Case No.281 dated 26 th October, 2019

was registered against the petitioner under Sections

120B/288/420/406/468/471/471A of the Indian Penal Code. The said

case is pending before the learned Additional Chief Metropolitan

Magistrate, Calcutta. The accused / petitioner approached this Court

by filing the instant revision to quash the above-mentioned

proceeding pending in the Trial Court.

During the pendency of the instant revision, the parties have

settled the dispute amicably out of Court. A joint petition for

compromise has been filed. On the last occasion the learned Public

Prosecutor-in-Charge was requested to direct the concerned police

officer to record the statement of the de-facto complainant to

ascertain as to whether such compromise has been made voluntarily

and willingly by the de-facto complainant without any threat, fear or

undue influence. The Investigating Officer has submitted a report

along with statement of the de-facto complainant.

It appears from the record that the de-facto complainant

amicably has settled the dispute with the accused/petitioner. The

allegation made in the complaint is absolutely private in nature.

Therefore, relying on the principles laid down by the Hon'ble

Supreme Court in Parbatbhai Aahir's case, this Court accept the

settlement under Section 482 of the Code of Criminal Procedure.

In view of such circumstances, further proceeding in connection

with Jorasanko Police Station Case No.281 dated 26 th October, 2019

against the petitioner be quashed.

The learned Additional Chief Metropolitan Magistrate, Calcutta is

directed to pass necessary order discharging the accused from the

case.

The revisional application along with connected application are

disposed of accordingly.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.05.

D/L.