Md. Shafique Vs Md. Riyazuddin — Calcutta HC (2025) — LawSathi Research

Md. Shafique Vs Md. Riyazuddin — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Joint compromise accepted and prayer in CRAN 3 of 2025 allowed; proceeding No. CN 271 of 2024 pending before the Metropolitan Magistrate, 5th Court, Calcutta (Judicial Magistrate, Calcutta) quashed; revisional application CRR 2695 of 2024 along with all connected applications disposed of.

Issue for consideration

Whether the criminal proceeding No. CN 271 of 2024 (initiated on a Section 200 complaint alleging offences under Sections 500/114 IPC) may be quashed on the basis of the parties' joint compromise application (CRAN 3 of 2025).

Court's answer

Considering the nature of the offence and the averments of the joint petition, the Judge did not find any reason to stand in the way of the compromise between the parties.

Ratio / Principle

The prayer of the joint compromise application (CRAN 3 of 2025) stands allowed.

Key takeaways

As a sequel to the allowed compromise, the proceeding being No. CN 271 of 2024 pending before the Learned Metropolitan Magistrate, 5th Court, Calcutta (Judicial Magistrate, Calcutta) stands quashed.ratio¶¶20
With the aforesaid observation, the revisional application along with all connected applications stand disposed of.ratio¶¶21

Detailed headnote1 paragraphs

CRR 2695 of 2024 (In Re: CRAN 3 of 2025), High Court at Calcutta, Criminal Revisional Jurisdiction (Appellate Side) — Bibhas Ranjan De, J. A joint compromise application was moved by the parties in a criminal proceeding (CN 271 of 2024) that originated in a written complaint under Section 200 before the Additional Chief Metropolitan Magistrate, Calcutta, seeking prosecution of the accused under Sections 500/114 of the Indian Penal Code; cognizance was taken, the case was transferred to the Metropolitan Magistrate, 5th Court, Calcutta, and process was issued against the accused after evidence was recorded on solemn affirmation. The parties submitted that their dispute had already been patched up. Holding that, considering the nature of the offence and the averments of the joint petition, there was no reason to stand in the way of the compromise, the Judge allowed the prayer, quashed proceeding CN 271 of 2024, and disposed of the revisional application together with all connected applications.

Item 26.06. IN THE HIGH COURT AT CALCUTTA No. 2025 CRIMINAL REVISIONAL JURISDICTION 02 APPELLATE SIDE

Ct 32

rup

CRR 2695 of 2024 With

IA NO: CRAN 2 of 2025 CRAN 3 of 2025

Md Shafique Vs. Md. Riyazuddin

Mr. Tarique Quasimuddin, Mr. Md. Irshad Yaqub. … for the petitioner.

Mrs. Zainab Tahur … for the opposite party.

In Re: CRAN 3 of 2025

Learned counsel appearing on behalf of the parties to this application are present.

The instant joint compromise application has been filed by the parties to the revisional application.

It is submitted on behalf of the parties that dispute between the parties has already been patched up and that is why the instant application has been filed for compromise and accordingly prayer for quashment of the proceeding impugned in this case is being made.

One written complaint under Section 200 was filed before the Court of Learned Additional Chief Metropolitan Magistrate, Calcutta seeking prosecution of the accused under Section 500/114 of the Indian Penal Code. Cognizance was taken and case was transferred to the Court of Learned Metropolitan Magistrate, 5^th Court,

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Calcutta (Judicial Magistrate, Calcutta) and after recording evidence on solemn affirmation process was issued against the accused.

At this stage, petitioner/accused of this case filed the instant revisional application with a prayer for quashing the said proceeding registered as CN 271 of 2024 pending before the Learned Court of Metropolitan Magistrate, 5^th Court, Calcutta (Judicial Magistrate, Calcutta).

Considering the nature of offence and averments of the joint petition, I do not find any reason to stand in the way of compromise.

The prayer of the application stands allowed.

Accordingly, CRAN 3 of 2025 stands disposed of.

As a sequel the proceeding being No. CN 271 of 2024 pending before the Learned Metropolitan Magistrate, 5^th Court, Calcutta (Judicial Magistrate, Calcutta) stands quashed.

With the aforesaid observation, the revisional application along with all connected applications stand disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Bibhas Ranjan De, J.)

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