SACHIDANANDA PANDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant revisional application under Sec. 482 read with Sec. 401 of the Criminal Procedure Code has been filed to quash the proceedings being G.R. Case No. 144 of 2011 arising out of Bowbazar P.S. Case No. 308, dtd. 16/6/2008 being G.R. Case No. 2242 of 2008 under Sec. 403/406/419/420 of the Indian Penal Code pending before the Court of the Learned Metropolitan Magistrate, 3rd Court, Calcutta.

(2.) The Learned Advocate Mr. Kaushik Biswas appearing for the Petitioners submit that a complaint was filed by the opposite party no. 2 herein resulting in the registration of Bowbazar Police Station Case No. 308/2008 dtd. 16/6/2008 being GR Case No. 2242/2008 under Ss. 403/406/419/420 of the Indian Penal Code. At the end of the investigation the charge sheet was submitted on 19/11/2009. The Learned Advocate for the petitioners further state that the instant criminal revision has been filed to set aside the order dtd. 20/12/2012 passed by the Learned Additional District and Sessions Judge, 9th First Track Court, City Sessions Court, Bichar Bhawan, Kolkata rejecting the discharge petition. It was further submitted during pendency of the instant application, a compromise had been effectuated between the petitioner and the opposite party no. 2 being the defacto complainant. Consequently a terms of settlement dtd. 12/1/2023 has been executed between the aforesaid parties. It was contended the disputes being personal in nature devoid of involvement of public policy to be affected the instant criminal revisional application may be allowed and the proceeding pending before the Trial Court be quashed.

(3.) The Learned Advocate appearing on behalf of Opposite Party No. 2 concedes to the submission of the Learned Advocate for the petitioners stating that the opposite party no. 2 has affirmed the contents of the aforesaid terms of settlement dtd. 12/1/2023 and also the affidavit dtd. 2/2/2023. The Opposite Party No. 2 doesn't desire to pursue the case further against the petitioners on the basis of the amicable settlement of the disputes between the parties.