Allowed

Bansi Badan Das and Others v. State of West Bengal and Anr.

Calcutta HC7 May 2024CRR/1577/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of a charge-sheet under sections 341/323/307/506/34 IPC after amicable settlement with the de facto complainant, who did not wish to proceed. Injuries were simple. The court held Section 307 was prima facie inapplicable and quashed all further proceedings.

What did the court decide?

All further proceedings of Ghatal P.S. Case No. 403 of 2023 including the charge-sheet under sections 341/323/307/506/34 IPC quashed; CRR 1577 of 2024 and CRAN 1 of 2024 allowed.

Bansi Badan Das and Others Vs State of West Bengal and Anr. — Quashing and FIR | Calcutta HC (2024)

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07.05.2024 Serial no. 11 [G.S.D]

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CRR 1577 of 2024 With CRAN 1 of 2024

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In the matter of : Bansi Badan Das & Ors.

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… … Petitioners Mr. Tanmay Chowdhury Ms. Ritoprita Ghosh … for the petitioners Mr. Debasish Roy Mr. Arijit Ganguly Ms. Sreemoyi Roy … for the State Ms. Rupsa Sreemani … for the O.p. no.2

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Report submitted by the recording officer being the Sub-Inspector of Police, Ghatal P.S., be kept with the record.

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The report is enclosed with a declaration and answer to certain questions which was confronted to the defactocomplainant, namely, Somnath Chakraborty.

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Having considered the fact that the defactocomplainant do not intend to proceed with the case, this court called for the Case Diary.

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Ld. Public prosecutor produced the case diary and draws the attention of the court to the injury report which reflects that the opinion of the doctor is that the type of injury so reflected is simple in nature.

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Having considered the same and the fact that the parties have arrived at an amicable settlement after the charge-sheet was submitted in connection with Ghatal P.S. Case No. 403 of 2023 dt. 29.11.23 and on an assessment that, prima facie, the injuries and the attending circumstances do not reflect regarding the applicability of Section 307 of the IPC, I am of the view that further continuation of the proceedings is unwarranted in the changed circumstances as an amicable settlement has been arrived at between the parties.

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Accordingly, all further proceedings of Ghatal P.S. Case No. 403 of 2023 dt. 29.11.2023 including the chargesheet submitted therein under sections 341/323/307/506/34 of the IPC is hereby quashed.

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With the aforesaid observations, CRR 1577 of 2024 along with CRAN 1 of 2024 is Allowed .

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Pending application, if any, is also disposed of.

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Report so submitted be kept with the record.

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Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

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Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

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(Tirthankar Ghosh, J.)

Bansi Badan Das and Others v. State of West Bengal and Anr.

Case brief

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Bansi Badan Das and Others v. State of West Bengal and Anr.

Case brief

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What did the court decide?

What the court decided

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