ANANDA MOHAN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application praying for quashing of a proceeding under Sections 341, 354A, 506 read with Section 34 of the Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Learned Counsel appearing on behalf of the petitioner submits as follows. The present proceeding arose out of a misunderstanding between neighbours and has thereafter being settled and compromised between the parties. An application for joint compromise has also been filed. It is also submitted that uncontroverted allegations do not disclose ingredients of the alleged offences under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Reliance is placed on the decision of a coordinate Bench of this Court passed in Debashish Dhar @ Lintu vs. State of West Bengal & Anr., CRR 1786 of 2014 passed on 14.07.2017.

(3.) Learned Counsel appearing on behalf of the de facto complainant/opposite party supports the contentions of the learned Counsel for the petitioner. According to him, such a settlement has indeed been arrived at between the private parties and the uncontroverted allegations did not make out a case under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.