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2020 DIGILAW 604 (CAL)

Ananda Mohan Mondal v. State Of West Bengal

2020-10-19

JAY SENGUPTA

body2020
JUDGMENT Jay Sengupta, J. - This is an application praying for quashing of a proceeding under Sections 341, 354A, 506 read with Section 34 of the Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Learned Counsel appearing on behalf of the petitioner submits as follows. The present proceeding arose out of a misunderstanding between neighbours and has thereafter being settled and compromised between the parties. An application for joint compromise has also been filed. It is also submitted that uncontroverted allegations do not disclose ingredients of the alleged offences under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Reliance is placed on the decision of a coordinate Bench of this Court passed in Debashish Dhar @ Lintu vs. State of West Bengal & Anr., CRR 1786 of 2014 passed on 14.07.2017. 3. Learned Counsel appearing on behalf of the de facto complainant/opposite party supports the contentions of the learned Counsel for the petitioner. According to him, such a settlement has indeed been arrived at between the private parties and the uncontroverted allegations did not make out a case under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 4. Referring to the case diary, learned Counsel appearing on behalf of the State, in his usual fairness, submits that if the private parties arrive at a compromise, the State would not come in the way of such settlement. He refers to a decision of the Hon''ble Apex Court in the case of The State of Madhya Pradesh vs. Laxmi Narayan and Others., Criminal Appeal No.349 of 2019 in this regard. 5. Having considered the averments made in the applications and the submissions of the learned Counsels for the parties, I am of the view that further continuation of the impugned proceeding shall be an abuse of the process of Court. 6. Accordingly, the impugned proceeding being T.R. (Atro) 06/2019 arising out of Sutahata Police Station Case No.358 of 2017 dated 11.10.2017 under Section 341, 354A, 506 read with Section 34 of the Penal Code and Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 pending before the learned Additional Chief Judicial Magistrate II, Haldia, Purba Midnapur (corresponding to GR Case No.1497 of 2017) is quashed on the ground of compromise and settlement. 7. 7. Accordingly, the revisional application and the connected applications are allowed and disposed of. 8. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.