Anil Punjabi Vs State of West Bengal and Anr. — Calcutta HC (2025) — LawSathi Research

Anil Punjabi Vs State of West Bengal and Anr. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the proceeding SC & ST Case No. 04 of 2021 under Sections 3(1)(r)(s) of the Scheduled Casts and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 120B IPC (New Market Police Station Case No. 141 of 2021 dated June 28, 2021) in both revisional applications; as a sequel, the revisional applications and connected applications stood disposed of.

Issue for consideration

Whether the pending proceeding SC & ST Case No. 04 of 2021 under Sections 3(1)(r)(s) of the Scheduled Casts and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 120B IPC should be quashed in view of the amicable settlement reached between the parties and their joint petition for compromise.

Court's answer

Having heard counsel and gone through the documents annexed, the court found hardly any reason to stand in the way of the settlement already arrived at between the parties; in these circumstances, further proceeding with these cases would be an abuse of the process of the Court.

Ratio / Principle

Accordingly, the proceeding in connection with SC & ST Case No. 04 of 2021 (New Market Police Station Case No. 141 of 2021 dated June 28, 2021) in both the revisional applications stands quashed.

Detailed headnote1 paragraphs

Calcutta High Court (Appellate Side, Criminal Revisional Jurisdiction), Bibhas Ranjan De, J. — CRR 4749 of 2024 (Anil Punjabi) and CRR 5256 of 2024 (Murli Punjabi & Ors.) v. The State of West Bengal & Anr. Both applications sought quashing of the pending proceeding SC & ST Case No. 04 of 2021 under Sections 3(1)(r)(s) of the Scheduled Casts and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 120B IPC, corresponding to New Market Police Station Case No. 141 of 2021 dated June 28, 2021, which had ended in a chargesheet. The de facto complainants and the petitioners appeared together, filed a joint petition for compromise, and counsel confirmed amicable settlement. Holding that further proceeding would be an abuse of the process of the Court, the judge quashed the proceeding in both revisional applications; the applications and connected applications stood disposed of. No precedent cases were cited; no quantum involved.

Item 30.06. IN THE HIGH COURT AT CALCUTTA No. 3 2025 CRIMINAL REVISIONAL JURISDICTION & 4 APPELLATE SIDE

Ct 22

rup

CRR 4749 of 2024 With

IA No: CRAN 1 of 2025

Anil Punjabi Vs. The State of West Bengal & Anr.

With

CRR 5256 of 2024 IA NO: CRAN 1 of 2025

Murli Punjabi & Ors. Vs.

The State of West Bengal & Anr.

Mr. Sabyasachi Banerjee, Sr. Adv. Mr. Daanish Haque Mr. Abdul Zahid … for the petitioner.

Mr. Debasish Roy, Ld. PP. Mrs. Shaila Afrin, Mrs. Manasi. Roy. … for the State. Mr. Ayan Bhattacharjee, Sr. Adv. Mr. Brajesh Tha, Ms. Anushka Ghosh, Mr. Soumya Sarkar. … for the opposite party No.2.

Learned counsel appearing on behalf of the parties to these revisional applications are present.

Learned counsel appearing on behalf of the State has submitted a report including the statement of de facto complaints which is filed and taken on record.

Both these revisional applications have been filed with a

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prayer for quashing of the same proceeding being No. SC & ST Case No. 04 of 2021 under Sections 3(1)(r)(s) of the Scheduled Casts and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 120B of the Indian Penal Code corresponding to New Market Police Station Case No. 141 of 2021 dated June 28, 2021.

On receiving complaint investigation was initiated and ended with chargesheet.

At this stage, both the de facto complaints and the petitioners in connection with these revisional applications are present and filed joint petition for compromise.

Learned counsel appearing on behalf of the petitioners and also learned counsel appearing on behalf of the State has submitted that both the matters have already amicably settled between the parties. Therefore, both the parties praying for quashing of the proceedings.

Having heard the learned counsel appearing on behalf of the parties as well having gone through the documents annexed with the revisional applications, I find hardly any reason to stand in the way of settlement already arrived at between the parties and in these circumstances, further proceeding with these cases will be an abuse of process of Court.

In the aforesaid view of the matter, the proceeding in connection with SC & ST Case No. 04 of 2021 under Sections 3(1)(r)(s) of the Scheduled Casts and the

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Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 120B of the Indian Penal Code corresponding to New Market Police Station Case No. 141 of 2021 dated June 28, 2021 in both the revisional applications stands quashed.

As a sequel, both the revisional applications along with 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.)