Rup Sri Ranendra Kumar Paul & Ors vs The State Of West Bengal & Anr
2023 Latest Caselaw 5530 Cal

01    24.08.
       2023                       CRR 2591 of 2015
Ct                                      With
237                             IA NO: CRAN 3 of 2023

rup                        Sri Ranendra Kumar Paul & Ors.
                                         Vs.
                           The State of West Bengal & Anr.


                     Mr. Tapas Kumar Ghosh,
                     Mr. Tanmoy Chudhury,
                     Mr. Somesubhra Ganguly
                                                  ... for the petitioners.

                     Mr. Bidyut Kumar Roy,
                     Ms. Sima Biswas
                                                     ... for the State.

The judgment and order of conviction dated 20 th

July, 2015 passed by learned Sessions Judge, Hooghly in

connection with Criminal Appeal No. 15 of 2015 is under

challenge in this revisional application.

By the impugned judgment, learned Sessions

Judge, Hooghly found all the petitioners guilty of

committing offence punishable under Sections 448/504

of the Indian Penal Code and sentenced them to pay fine

of Rs.2000/- each, in default, to suffer simple

imprisonment for one month.

Opposite party no.2/de-facto complainant filed one

application under Section 200 of the Criminal Procedure

Code before the learned Chief Judicial Magistrate,

Hooghly, alleging, inter alia, that on 29th May, 2009 all

the petitioners/accused trespassed into the house of the

de-facto complainant and abused the de-facto

complainant and her family members. Cognizance was

taken of the said offence and transferred to the Court of

learned Judicial Magistrate, 4 th Court, Hooghly,

Chinsurah for trial. Learned Judicial Magistrate after

considering all the evidence adduced on behalf of the de-

facto complainant acquitted all the accused from the

charge under Sections 341/448/504/506 of the Indian

Penal Code.

Being aggrieved by that order, the appeal has been

preferred before the learned Sessions Judge, Hooghly.

Learned Sessions Judge re evaluated the entire evidence

and passed the order impugned.

At this stage, both the parties to this revisional

application appear before this Court along with an

application for compounding offence under Section 320(6)

of the Criminal Procedure Code.

     From       the      record,      it      appears       that

accused/petitioners     were   convicted      under      Section

448/504 of the Indian Penal Code and both the offences

are compoundable within the meaning of Section 320 of

the Criminal Procedure Code.

Learned advocates appearing on behalf of the

petitioners/accused as well as private opposite party no.2

are present and submits that both the parties to this

revisional application have compromised the dispute

among themselves and de-facto complainant has no

grievance at present against the petitioners/accused and

they entered compromise out of mutual feelings of

understanding.

Considering the compromise between the parties

who put their respective signatures on the application in

every page, I find no reason to stand in the way of

compromise between the parties.

In the aforesaid view of the matter, the judgment

dated 20th July, 2015 passed by learned Sessions Judge,

Hooghly in connection with Criminal Appeal No. 15 of

2015 stands set aside.

All the petitioners/accuse be discharged from their

bail bond, if furnished.

With the above observation, the revisional

application along with CRAN 3 of 2023 stand disposed of.

Urgent photostat certified copy of the order, if

applied for, be given to the parties on usual

undertakings.

All parties to this revisional application shall act on

the server copy of this order downloaded from the official

website of this Court.

(Bibhas Ranjan De, J.)