Allowed

Archana Swaika & Ors. v. State of West Bengal & Anr.

Calcutta HC9 Feb 2022CRR/3136/2019

Case brief

AI extract

What is this about?

The Court examined a report from an investigating officer stating that the complainant, who was also opposite party no.2, had settled the dispute arising from a property disagreement between close relations and expressed no interest in pursuing the litigation. Consequently, the Court quashed the proceedings initiated under Section 156(3) CrPC.

What did the court decide?

Quashed all steps taken in connection with Gariahat Police Station Case No.267 of 2019 so far as the present petitioners are concerned.

Archana Swaika & Ors. Vs State of West Bengal & Anr. — Property and Title | Calcutta HC (2022)

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09.02. 2022 item No.8 n.b. ct. no. 34

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(via video conference) CRR 3136 of 2019 Archana Swaika & Ors Vs.

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The State of West Bengal & Anr.

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Ms. Rituparna De Ghosh, Mr. Jyoti Singh, Mr. Siddhartha Paul

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…..for the Petitioners

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Mr. Arijit Gnaguly, Mr. Sandip Chakraborty …..for the State.

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Mr. Sandipan Ganguly, Mr. Anghsuman Chakraborty

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.. for the opposite party no.2

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Mr. Arijit Ganguly, learned advocate appearing for the State submits the report which was called for from the Officer-inCharge, Gariahat Police Station.

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The report of the officer reflects that the complainant, Piyush Goenka who happens to be the opposite party no.2 in the revisional application has categorically stated before the Investigating Officer of the case that there has been settlement and as such he has no interest in the case and is not interested to pursue the litigation.

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Let the report alongwith the statement so recorded be kept with the record.

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The allegations in the application under Section 156(3) of the Code of Criminal Procedure, reflects that the disputes and differences arose between the close relations and over-issues relating to property. The allegations made therein are private and personal in nature and no public policy is involved. As compromise has taken place and settlement has been effected by and between the petitioner and the opposite party no.2 who happens to be the close relations, I am of the opinion that further continuance of the proceedings in respect of Gariahat Police Station Case No.267 of 2019 dated 30/09/2019 are unwarranted.

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Accordingly, all steps taken in connection with Gariahat Police Station Case No.267 of 2019 dated 30/09/2019 so far as the present petitioners are concerned, are hereby quashed.

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Thus, CRR 3136 of 2019 is allowed.

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Pending application, if any, consequently disposed of.

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Interim order, if any, is hereby made absolute.

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All parties shall act on the server copy of this order duly

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downloaded from the official website of this Court.

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( Tirthankar Ghosh, J.)

Archana Swaika & Ors. v. State of West Bengal & Anr.

Case brief

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What did the court decide?

Archana Swaika & Ors. v. State of West Bengal & Anr.

Case brief

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What did the court decide?

What the court decided

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