Dr. Md. Mehedi Hasan vs State Of West Bengal & Anr
2023 Latest Caselaw 1763 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. 4650 of 2022
                      Dr. Md. Mehedi Hasan
                                Vs.
                   State of West Bengal & Anr.

For the petitioner      : 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                : 16.03.2023

Judgment On             : 16.03.2023.

Bibek Chaudhuri, J.

Affidavit of service be kept with the record.

On the basis of a written complaint submitted by one Mr. Ankur

Ray, New Town Police Station Case No.521 of 2019 under Sections

323/325/354 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 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.3852 of 2019

arising out of New Town Police Station Case No.521 of 2019 dated

22nd December, 2019 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.03.

D/L.