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

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

What the court decided

AI extract

Outcome

Quashing of the proceeding in 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; as a sequel, both the revisional applications along with connected applications stand disposed of.

Issue for consideration

Whether the proceeding in SC & ST Case No. 04 of 2021 under Sections 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act, 1989 read with Section 120B IPC should be quashed in view of the amicable settlement between the parties.

Court's answer

In view of the settlement already arrived at between the parties, the court found hardly any reason to stand in the way of the settlement, and further proceeding with these cases would be an abuse of process of Court.

Ratio / Principle

The proceeding in connection with 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, stands quashed in both the revisional applications.

Detailed headnote1 paragraphs

Criminal Revisional Jurisdiction (Calcutta High Court) — CRR 4749 of 2024 (Anil Punjabi) and CRR 5256 of 2024 (Murli Punjabi & Ors.) v. The State of West Bengal & Anr. — Prayer for quashing of proceeding being 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 — Investigation ended with chargesheet — De facto complainants and petitioners jointly filed compromise petition; both matters amicably settled — Court held further proceeding would be an abuse of process of Court — Proceeding quashed in both revisional applications; applications along with connected applications disposed of. (Bibhas Ranjan De, J.)

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.)