Allowed

Amiya Kumar Sahu v. State of West Bengal & Anr.

Calcutta HC2 Feb 2022CRR/1453/2018

Case brief

AI extract

What is this about?

This revision under Section 482 CrPC challenged FIR/charges related to the Parnasree Police Station case. The High Court quashed the proceedings and charge-sheet following a joint compromise and a report by the State acknowledging the settlement between parties as an eye-witness.

What did the court decide?

Parnasree Police Station Case no. 107 of 2018 and the charge-sheet filed therein were quashed. Revisional application CRR 1453 of 2018 and joint compromise application CRAN 1 of 2022 allowed.

Amiya Kumar Sahu Vs State of West Bengal & Anr. — Cheque Dishonour | Calcutta HC (2022)

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36 2.2.2022 sb

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CRR 1453 of 2018 With CRAN 1 of 2022 (Via video conference)

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In Re: An application under Section 482 of the Code of Criminal Procedure 1973.

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In the matter of : Amiya Kumar Sahu

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…….Petitioner

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Mr. Sabir Ahmed Mr. Apan Saha ……….for the petitioner Mr. Mujibar Ali Nashar …for the O.P no. 2 Mr. Saryati Dutta …for the State

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The present revisional application was preferred challenging the proceedings arising out of Parnasree Police Station Case No. 107 of 2018 dated May 2, 2018 under Sections 323/341/427/504/379/506 of the Indian Penal Code.

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In course of hearing, Mr. Ahmed, learned advocate appearing for the petitioner submitted that a joint compromise petition has been filed as an amicable settlement was entered between the informant/defacto-complainant and the present petitioner who happens to be the Chief Manager (Legal), Bank of Baroda.

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Learned advocate for the informant/defacto-complainant is also present.

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Mr. Dutta, learned advocate appearing for the State was earlier directed to submit a report after recording the statement of the informant/defacto-complainant. To that effect, a report has been submitted before this court enclosing the statement of the defacto-complainant. Let the same be kept with the record.

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The report as well as the statement reflects that the informant/defacto-complainant is not willing to pursue the case any further and it has been categorically stated that an amicable settlement has been arrived at between the parties.

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Mr. Dutta, learned advocate for the State also produces the Case Diary and submits that the charge-sheet, in the instant case, was filed under Sections 323/341/504 of the Indian Penal Code.

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Having regard to the report which has been submitted by the police authorities and the joint compromise which has been arrived at, I am of the opinion that the further continuance of the proceedings are unwarranted in the changed circumstances.

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Accordingly, Parnasree Police Station Case No. 107 of 2018 dated May 2, 2018 and the charge-sheet submitted therein under Sections 323/341/504 of the Indian Penal Code which is presently pending before the Additional Chief Judicial Magistrate, Alipore, is hereby quashed.

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Accordingly, the revisional application being CRR 1453 of 2018 along with the joint compromise application being CRAN 1 of 2022 is allowed.

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Interim order, if any, is made absolute.

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Pending applications, if any, are consequently disposed of.

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All parties are to act on the server copy of this order, duly obtained from the official website of this Court.

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(Tirthankar Ghosh, J.)

Amiya Kumar Sahu v. State of West Bengal & Anr.

Case brief

What is this about?

What did the court decide?

Amiya Kumar Sahu v. State of West Bengal & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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