The High Court quashed an FIR under IPC sections 447/323/379/34 CrPC following an amicable settlement between neighbouring petitioners, invoking Section 482 CrPC to secure the ends of justice.
Pradhannagar Police Station Case No. 921 of 2021 dated 16.11.2021 is quashed.
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05.01.2023 SL No.20 Court No.3 BR
Circuit Bench of Calcutta High Court At Jalpaiguri
CRR 253 of 2022
In the matter of :Om Prakash Prasad @ Jaiswal & Ors. …. Petitioner
Mr. Janardan Periwal, Mr. Anil Kumar Sikhwal …. For the petitioner
Mr. Aditi S. Chakraborty, Ld. APP,
Mr. Aniruddha Biswas …. For the State
At the behest of Ram Kishan Roy @ Ram Krishna Roy and others Pradhannagar police Station case No. 921 of 2021 was registered on 16th November, 2021 under Sections 447/323/379/34 of the Indian Penal Code against the petitioners.
It is submitted by learned advocate for the petitioners that at the behest of Om Prakash Prasad @ Jaiswal and others Pradhannagar Police Station case No. 920 of 2021 was also registered on the same date under Sections 447/323/379/34 of the Indian Penal Code. The police has taken up the investigation. In both the cases the accused persons surrendered to the jurisdiction of learned Trial Court and are enlarged on bail. It is submitted that the petitioners of both the cases are neighbours and they have wiped out their differences. Now they are living in peace. This factum of settlement is getting reflected further from
2
the vakalatnama itself when it appears that in both the cases advocate –on-record is same. When the neighbours have settled their disputes amicably there is no reason to unsettle the situation which has already been settled by the good sense of the petitioners in both the cases. This is a fit case to invoke the provision of Section 482 of the Cr. P C to secure ends of justice which I accordingly do.
CRR 253 of 2022 is allowed. Pradhannagar Police Station Case No. 921 of 2021 dated 16.11.2021 is quashed.
Let a copy of this order be sent to the learned Trial Court for information and necessary action.
(Siddhartha Roy Chowdhury, J.)
1 issue framed by the court
Whether the FIR under Sections 447/323/379/34 IPC can be quashed under Section 482 CrPC in view of amicable settlement between neighbours.
2 provisions across 2 enactments
Om Prakash Prasad @ Jaiswal & Ors.
State
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
