Calcutta High Court (Appellete Side)
Abhijit Roy @ Avijit Roy vs Unknown on 12 December, 2019
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
1 42 12-12-2019
Ct. No.34 b.das CRR No. 2743 of 2019 With CRAN 4135 of 2019 In the matter of :
Abhijit Roy @ Avijit Roy .......petitioner. Mr. Kallol Mondal Mr. Krishan Roy Ms. Amrita Chel Mr. Souvik Das Mr. Anamitra Banerjee ...for the petitioner. Mr. Swapan Banerjee Mrs. Purnima Ghosh ....for the State. The report submitted in Court be taken on record. The revisional application has been preferred for quashing GR Case No.298 of 2019 arising out of Ghatal P.S. Case No.108 of 2019 dated 17.04.2019 under Sections 420/506/120B/471/34 of the Indian Penal Code presently pending before the ACJM, Ghatal, Paschim Medinipur.
A joint compromise petition being CRAN 4135 of 2019 has been preferred by the petitioner being an accused and the complainant opposite party No.2.
Earlier by an order dated 05.12.2019, a report was called for. The report of the investigating officer reflects that 2 the present petitioner has made full payment of money from his own source.
In view of the disputes so raised are personal in nature and neither any public policy is involved nor any public money being involved, this Court feels that further continuance of the proceedings pursuant to the amicable settlement which has been arrived at between the parties would be sheer abuse of the process of the Court.
As the present petitioner is only before this Court and the other two accused persons namely, Pradip Chakraborty and Amar Mondal are not before this Court, I hold that piecemeal compromise cannot be done. Accordingly, the proceedings being GR Case no 298 of 2019 arising out of Ghatal P.S. Case No.108 of 2019 dated 17.04.2019 pending before the learned ACJM, Ghatal be quashed so far as the three of the accused persons who are implicated in connection with the instant case are concerned.
As such CRR 2743 of 2019 alongwith CRAN 4135 of 2019 is allowed.
( Tirthankar Ghosh, J. )