Calcutta High Court (Appellete Side)
Bansi Badan Das & Ors vs Unknown on 7 May, 2024
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
07.05.2024 Serial no. 11 [G.S.D] CRR 1577 of 2024 With CRAN 1 of 2024 In the matter of : Bansi Badan Das & Ors.
... ... Petitioners Mr. Tanmay Chowdhury Ms. Ritoprita Ghosh ... for the petitioners Mr. Debasish Roy Mr. Arijit Ganguly Ms. Sreemoyi Roy ... for the State Ms. Rupsa Sreemani ... for the O.p. no.2 Report submitted by the recording officer being the Sub-Inspector of Police, Ghatal P.S., be kept with the record.
The report is enclosed with a declaration and answer to certain questions which was confronted to the defacto- complainant, namely, Somnath Chakraborty.
Having considered the fact that the defacto- complainant do not intend to proceed with the case, this court called for the Case Diary.
Ld. Public prosecutor produced the case diary and draws the attention of the court to the injury report which reflects that the opinion of the doctor is that the type of injury so reflected is simple in nature. 2 Having considered the same and the fact that the parties have arrived at an amicable settlement after the charge-sheet was submitted in connection with Ghatal P.S. Case No. 403 of 2023 dt. 29.11.23 and on an assessment that, prima facie, the injuries and the attending circumstances do not reflect regarding the applicability of Section 307 of the IPC, I am of the view that further continuation of the proceedings is unwarranted in the changed circumstances as an amicable settlement has been arrived at between the parties.
Accordingly, all further proceedings of Ghatal P.S. Case No. 403 of 2023 dt. 29.11.2023 including the charge- sheet submitted therein under sections 341/323/307/506/34 of the IPC is hereby quashed.
With the aforesaid observations, CRR 1577 of 2024 along with CRAN 1 of 2024 is Allowed.
Pending application, if any, is also disposed of. Report so submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.)