Calcutta High Court (Appellete Side)
Priyanka Ghosh & Ors vs The State Of West Bengal & Anr on 24 September, 2024
IN THE HIGH COURT AT CALCUTTA
(Criminal Revisional Jurisdiction)
APPELLATE SIDE
Present:
The Hon'ble Justice Shampa Dutt (Paul)
CRR No. 1947 of 2023
Priyanka Ghosh & Ors.
Vs
The State of West Bengal & Anr.
For the Petitioners : Mr. Angshuman Chakraborty.
For the State : Mr. Bitasok Banerjee.
Hearing concluded on : 11.09.2024
Judgment on : 24.09.2024
2
Shampa Dutt (Paul), J.:
1. The present revision has been preferred by the petitioner praying for
quashing of the First Information Report giving rise to Bidhannagar
(North) Police Station Case No.46/22 dated 19.03.2022 under Sections
341/323/427/506/34 of the Indian Penal Code now pending before
the Learned Additional Chief Judicial Magistrate, Bidhannagar, North
24 Parganas (GR 312/2022).
2. The Petitioner no.1's case is that she is an Advocate and is the niece of
the opposite party no.2 and that the petitioner no.2 is the brother of
the opposite party no.2, and father of the petitioner no. 1.
3. That Bidhannagar (North) Police Station case no. 46/22 dated
19.03.2022 under Sections 341/323/427/506/34 of the Indian Penal
Code was started on the basis of a written complaint filed by the
opposite party no.2 before the Office in Charge Bidhannagar North
Police Station against the petitioners herein wherein it was inter alia
alleged as follow :-
"..........That the complainant and his brother, Dibyendu
reside in the same house. Due to continuous mental and
physical torture on the opposite party no. 2, he has lodged
various cases against the petitioners herein including a MP
case and NGR case. That Dibyendu Kumar Ghosh has let out
the first floor on rent to a Company and several persons
everyday use to come and go from such portion of the
premises and that the daughter and son of Dibyendu enters
the portion of the complainant and creates nuisance. On
15.03.2022 there was a quarrel when the petitioners herein
abused the complainant and tried to assault him, stole the
CCTV camera and threatened the complainant........."
4. It is stated by the petitioner that the aforesaid case was a counterblast
to several written complaints made by the petitioner no.1 against the
opposite party no.2 before the Bidhannagar Police Station on
07.01.2023, 15.03.2023 and 29.01.2023 annexing the treatment paper
which was due to assault on her by the opposite party no.2 herein.
5. On hearing the parties, considering the relationship of the parties and
the nature of the dispute between the parties, the parties were directed
by this Court to state on affidavit, the number of cases they have filed
against each other.
6. Apart from the instant case being Bidhannagar (North) Police Station
Case no. 46 dated 19.03.2022 under Section 341/ 323/ 427/ 506/ 34
of the Indian Penal Code arising out of GR no. 312/2022.
7. The following 5 cases are pending against the petitioner(s) initiated by
or on behalf of the Goutam Kumar Ghosh, the Opposite Party No.2 :-
i) NGR Case no. 1228/2021 under Section 107 of the Code of
Criminal Procedure.
ii) GR No. 116/2019 under Section 447/325/506/34 of the Indian
Penal Code, pending before Judicial Magistrate, Bidhannagar.
iii) GR No. 312/2022 under Section 341/323/427/506/34 of the
Indian Penal Code pending before Judicial Magistrate,
Bidhannagar.
iv) Title Suit No. 392/2022, pending before the Civil Judge (Junior
Division) Bidhannagar.
v) Original Suit no. 1/2021 pending before the FTC, court Sealdah for
probate.
8. The list of five(5) cases lodged by the petitioners against the opposite
party no.2 are as follows:-
Sl.No. Case No. Status
a. Bidhannagar North Police Not Known.
Station Case no. 47 dated
18.02.2015 under Section
341/323/354/506/34 of
IPC. (GR No. 152/15)
b. Bidhannagar North Police Pending before
Station Case no. 236 of 2015 Learned Judicial
(GR No. 838/15) Magistrate at
Bidhannagar.
c. Bidhannagar North Police Pending before
Station Case no. 09 of 2019 Learned Judicial
under Section 324/325/ Magistrate at
506/509/34 of IPC. (GR No. Bidhannagar.
55/19)
d. Bidhannagar North Police Pending before
Station Case no. 43 of 2022 Learned Judicial
(GR No. 304/22) Magistrate at
Bidhannagar.
e. Bidhannagar North Police Pending before
Station Case no. 65 of 2022 Learned Judicial
(GR No. 456/22) Magistrate at
Bidhannagar.
9. It appears from the materials on record that the parties are
related to each other and reside in the same premises as co-
sharers, residing on a floor each of the joint property.
10. The complainant's specific case against the petitioner's on the date of
alleged incident is as follows :-
".........That on 15.03.2022 at about 11.30 A.M., the staffs of
the said company kept the motor bike on the water pipe of the
water tanker which was brought by me for the water
requirement and when I request them to compensate for that
they become furious and called my above stated brother and
suddenly my said brother Dibyendu Kumar Ghosh and his
daughter namely Priyanka Ghosh and his son Dhruba
Anindya Ghosh started to abusing me and my family
members in most filthy languages, tried to assault me and his
son pushed me dangerously, broken down the CCTV of the
ground floor premises and stoled it and the local people come,
in the place and kept protest, they left the place by
threatening me and my family members with dire
consequences.........."
11. Charge Sheet has been submitted in this case against the petitioners.
12. It appears from the case diary submitted by the State that there are
materials therein, prima facie making out a case against the
petitioners in respect of the offences alleged.
13. The opposite party/Complainant has relied upon a Judgment of this
Court in Nirmal Pal and Others Vs. State of West Bengal and
Anr., 2023 SCC OnLine Cal 449, where in the Court considering the
nature of dispute between the parties had referred the case for
mediation to the concerned District Legal Services Authority to have
the matter settled amicably.
14. It appears from the affidavit filed by the petitioners herein that
they have filed five criminal cases against the Opposite
Parties/Complainant.
15. Whereas the opposite party No.2/ Complainant herein has
initiated three Criminal Cases, one Civil (title) Suit and an
Original Suit for probate against the petitioners herein.
16. On investigation in this case, the allegations against the petitioners
herein were prima facie established.
17. Most of the offences alleged in the cases against each other are
compoundable.
18. The Judgment in Nirmal Pal and Others Vs. State of West Bengal
and Anr., (Supra) relied upon by the opposite party, is not applicable
in the present case, considering the facts and circumstances in the
present case.
19. Considering that there are several cases filed against each other, but
the parties are at liberty to end their disputes by praying before
the appropriate courts to refer their cases for mediation. And
finally it's the parties themselves who have to end the disputes and
choose peace over everything else.
20. But the present case having prima facie being made out against the
petitioners, CRR 1947 of 2023 stands dismissed.
21. Trial Court to proceed with the case expeditiously. But if the parties
are willing to settle their dispute amicably, the trial court shall refer
the case for mediation through the concerned District Services
Authority, before proceeding with the trial in the present case.
22. All connected applications, if any, stands disposed of.
23. Interim order, if any, stands vacated.
24. Copy of this judgment be sent to the learned Trial Court for necessary
compliance.
25. Urgent certified website copy of this judgment, if applied for, be
supplied expeditiously after complying with all, necessary legal
formalities.
(Shampa Dutt (Paul), J.)
