Dr. Md. Mehedi Hasan & Ors vs State Of West Bengal & Anr
2023 Latest Caselaw 1703 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. 4651 of 2022
                   Dr. Md. Mehedi Hasan & Ors.
                                Vs.
                   State of West Bengal & Anr.

For the petitioners    : Md. Abdur Rakib, Adv.
                         Mr. Dhiman Banerjee, Adv.

For the O.P. No.2      : Md. Sabir Ahmed, Adv.
                         Mr. Biswajit Sarkar, Adv.

For the State          : Mr. Sudip Ghosh, Adv.
                         Mr. Bitasok Banerjee, Adv.

Heard on               : 15.03.2023

Judgment On            : 15.03.2023.

Bibek Chaudhuri, J.

Affidavit of service be kept with the record.

On the basis of a written complaint submitted by one Mrs.

Sabiha Khan @ Reshma, New Town Police Station Case No.219 of

2020 under Sections 341/326/307/354/34 of the Indian Penal Code

was registered.

In course of pendency of the matter, the parties have arrived at

an amicable settlement. A joint petition for settlement has been filed

by both the parties to the instant revision.

It is submitted by them that they are residents of a same

housing complex and there was a dispute between the flat owners in

connection with certain amenities provided to the flat owners. On

that issue, there was a quarrel, which resulted in filing of series of

criminal cases by both the parties. Now, the parties have arrived at a

settlement.

This Court on previous occasion directed the learned Public

Prosecutor-in-Charge to instruct the Investigating Officer of the case

to ascertain as to whether such compromise has been made

voluntarily and without any threat, coercion or undue influence. The

police officer attached to New Town Police Station has submitted a

report stating, inter alia, that the dispute has been amicably settled

by and between the parties voluntarily.

I have gone through the materials on record and I do not find

any ingredients under Sections 354 and 307 of the Indian Penal Code.

All other offences are compoundable in nature.

In view of such circumstances, there is no impediment to quash

the criminal proceeding pending between the parties.

In view of the above discussion, G.R. Case No.3076 of 2020

arising out of New Town Police Station Case No.219 of 2020 dated

17th November, 2020 pending before the learned Chief Judicial

Magistrate, Barasat be quashed and the learned Chief Judicial

Magistrate is directed to pass necessary order discharging the

accused persons from the case in accordance with the provision of the

Code of Criminal Procedure.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.06.

D/L.