Sri Bidhan Samanta @ Bidhan ... vs The State Of West Bengal & Anr
2023 Latest Caselaw 434 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/1/2022
                                In
                       C.R.R. 4154 of 2022
          Sri Bidhan Samanta @ Bidhan Chandra Samanta
                                Vs.
                  The State of West Bengal & Anr.

For the petitioner      : Mr. Sudipto Maitra, Sr. Adv.
                          Mr. Vijay Verma, Adv.
                          Mr. Dwaipayan Biswas, Adv.

For the O.P.            : Mr. Pawan Kumar Gupta, Adv.
                          Ms. Sofia Nesar, Adv.
                          Mr. Santanu Sett, Adv.
                          Mr. Abhijit Bose, Adv.

For the State           : Mr. Saswata Gopal Mukherjee, Ld.P.P.
                          Mr. Saryati Datta, Adv.

Heard on                : 16.01.2023

Judgment On             : 16.01.2023.

Bibek Chaudhuri, J.

Dasnagar Police Station Case No.70 of 2022 was registered on

22nd June, 2022 under Sections 376/511/506 of the Indian Penal Code

on the basis of a written complaint submitted by the opposite party

No.2. Police submitted charge-sheet in the aforesaid case on 28 th

July, 2022 under the aforesaid penal provision along with Section

354A of the Indian Penal Code. The case was registered as G.R. Case

No.3068 of 2022 pending before the learned Chief Judicial Magistrate

at Howrah.

The instant revision was filed for quashing of the afore-

mentioned charge-sheet. During pendency of the instant revision, the

parties have filed a joint application for settlement of the dispute out

of the Court. After receiving such application, the Investigating

Officer was directed to record the statement of the de-facto

complainant to ascertain as to whether such settlement was done by

coercion or undue influence or threat. The Investigating Officer has

recorded a statement which has been submitted by the learned Public

Prosecutor-in-Charge. On perusal of the statement, it is ascertained

that the dispute has been amicably settled by and between the parties

and such settlement was free and voluntary.

Apart from the above circumstances, I have perused the FIR

submitted by the opposite party No.2. On careful perusal of the FIR, I

do not find prima facie ingredient of offence under Sections 376/511

of the Indian Penal Code. With regard to the offence under Section

354A of the Indian Penal Code, this Court records that when the

parties have settled a dispute amicably, Court should welcome such

settlement for disposal of a criminal proceeding. Accordingly, the

joint application for settlement is accepted and on the basis of such

settlement, G.R. Case No. 3608 of 2022 pending before the learned

Chief Judicial Magistrate at Howrah be treated as quashed.

The learned Chief Judicial Magistrate, Howrah is directed to pass

formal order on the strength of the instant order.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.6.

D/L.