IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICATION
THE HON’BLE MR. JUSTICE JAY SENGUPTA
C.R.R. 144 OF 2020
CRAN 333 OF 2020
RAJ KISHAN SHAW
THE STATE OF WEST BENGAL ANR.
C.R.R. 148 OF 2020
CRAN 332 OF 2020
RAJ KISHAN SHAW ORS.
THE STATE OF WEST BENGAL ANR.
For the Petitioner: Mr. Srinjoy Sengupta
For the Opposite Party No.2: Mr. Abhijit Chowdhury
For the State: Mrs. Faria Hossain
Mrs. Baisali Basu
(In CRR 144 of 2020)
Mr. Swapan Banerjee
Mrs. Debjani Sahu
(In CRR 148 of 2020)
Heard on: 27.02.2020
Judgment delivered on: 27.02.2020
JAY SENGUPTA, J:
These are applications seeking quashing of two connected criminal
proceedings, one under Sections 323 and 498A of the Penal Code and the other
under Sections 323, 341, 506 and 34 of the Penal Code.
A report dated 27.02.2020 filed by the Inspector-in-Charge of Howrah
Police Station is taken on record.
It appears that there was a miscommunication between the police
authorities and the private parties in this case. As per the police report and as
admitted by the learned counsels appearing on behalf of the private parties, the
private parties actually went to Howrah Women Police Station to file their letter of
compromise and they did not go to the Howrah Police Station for such purpose.
However, subsequently a letter of compromise was given to Howrah Police Station
and in the latest police report, the Inspector-in-Charge of Howrah Police Station
has stated that he contacted with the defacto complainant over mobile phone
when the defacto complainant stated that she would not like to proceed with the
criminal case lodged at the Howrah Police Station.
Personal appearance of the Inspector-in-Charge of the Howrah Police
Station namely, Mr. Arjun Shome and the Sub-Inspector of Police attached to
Howrah Police Station namely, Mr. Sanjoy Kumar Sardar, is dispensed with.
Learned counsel appearing on behalf of the petitioners in the two revisional
applications submits as follows. During the pendency of the impugned
proceeding, a settlement and compromise has been arrived at between the defacto
complainant/victim and the accused regarding all disputes that had led to the
initiation of the impugned proceedings. Accordingly, two applications praying for
quashing of the two impugned proceedings on the ground of compromise have
also been filed in connection with the original revisional applications.
Learned counsel appearing on behalf of the victim/defacto complainant
submits as follows. A settlement and compromise has indeed been arrived
between the private parties regarding all disputes that had led to the filing of the
present cases as would be evident from paragraph nos. 7 and 8 of the two
miscellaneous applications. In view of the same, the two impugned proceedings
ought to be quashed on the ground of compromise.
Learned counsels appearing on behalf of the State in both the revisional
applications submit that the State would not come in the way if any settlement is
arrived at between the private parties.
I have heard the submissions of the learned counsels representing the
parties and have perused the revision petitions, connected applications and the
It appears that a compromise and settlement has indeed been arrived at
between the private parties and as such, they are praying for quashing of the two
impugned proceedings on the ground of compromise.
The disputes appear to be substantially of private nature.
In view of the above and in the interest of justice, I quash the both the
impugned proceedings, being Howrah Women Police Station Case No. 19 of 2017
corresponding to G.R. No. 1953 of 2017 pending before the learned Judicial
Magistrate, 3rd Court at Howrah and Howrah Police Station Case No. 209 of 2017
corresponding to G.R. No. 1982 of 2017 pending before the learned Chief Judicial
Magistrate at Howrah, on the ground of compromise and settlement arrived at
between the private parties.
With these observations, the two revision petitions and the connected
applications are disposed of.
Urgent photostat certified copy of this order may be supplied to the
parties expeditiously, if applied for.