Calcutta High Court (Appellete Side)
Upasana Bedi vs Unknown on 26 February, 2019
Author: Shivakant Prasad
Bench: Shivakant Prasad
1 04. 26-02-2019
CRR 2990 of 2018 With CRAN 3221 of 2018 In the matter of : Upasana Bedi ..... Petitioner.
Mr. Sanjay Banerjee, Mr. Arnab Dutt, Mr. Rahul Sinha, Mr. Sanjay Biswas.
..... For the Petitioner.
Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta.
.... For the State.
Ms. Returporna Sengupta. ...For the Complainant.
Ms. Rituparna De, Ms. Rimpa Rajpal.
....For the Complainant/O.P. This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure. At the instance of the petitioner/accused person who is seeking quashing of the proceedings being GR Case No. 704/2016 arising out of Cyber Police Station Case No. 22 dated 29th March, 2016 under Sections 354A (i) (iv)/ 354D(1)(i), (ii)/465/506/509 of the Indian Penal Code and Sections 67/84B of the Information 2 Technology Act, 2000 now pending before the Court of Chief Metropolitan Magistrate, Calcutta, inter alia, on the ground stated in the petition that there is no embargo in the shape of Section 320 (9) of the Code of Criminal Procedure or any other such curtailment cannot whittle down the power under Section 482 of the Code of Criminal Procedure.
A compromise application being CRAN 3221 of 2018 has been filed for effectuating the compromise arrived at by and between the parties out of Court and has prayed for appropriate order quashing the proceeding under reference.
It appears that this compromise application has been duly executed by the defacto complainant, Vipasha Agarwal along with petitioner and have sought for quashing of the proceeding under reference pending before the Chief Metropolitan Magistrate, Calcutta.
I have heard Mr. Banerjee, learned advocate for the petitioner, Ms. De, learned advocate for the defacto complainant and Mr. Roy Chowdhury, learned advocate for the State who have jointly submitted that a proceeding being FIR No. 37 dated 18th April, 2017 under Sections 354D/115/506/120B of the Indian Penal Code read with Section 67 of the Information Technology Act, 2000 lodged by Gauri Shankar Agarwal at the police station Phase XI, SAS Nagar Mohali Punjab has already been compromised and the 3 proceeding before the Hon'ble High Court of Punjab and Haryana at Chandigarh has already been disposed of on compromise between the parties. It is pointed out that Gauri Shankar Agarwal, nobody but the father of the present defacto complainant in this case.
I am of the view that the continuation of the proceeding before the learned Chief Metropolitan Magistrate, Calcutta, will not inure any result ultimately in this case and misuse of the process of the Court.
Hence, the revisional application along with compromise application being CRAN 3221 of 2018 are thus, disposed of. Consequently the case being GR Case No. 704/2016 arising out of Cyber Police Station Case No. 22 dated 29th March, 2016 under Sections 354A (i) (iv)/ 354D(1)(i),
(ii)/465/506/509 of the Indian Penal Code is also hereby quashed.
Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
(Shivakant Prasad, J.)