Amitava Lala, J. - (1.) - By an order dated 4th December, 1997 in the Appeal No. 55 of 1993 arising out of Suit No. 754 of 1990 a Division Bench of this Court disposed of the Suit in terms of the terms of settlement filed therein and the decree was passed accordingly. Parties have acted on the basis of such terms. Terms of settlement are available being the part and parcel of the order of the Division Bench aforesaid under Annexure "D' herein. Clause 21 of the terms provides as follows : "The parties would be at liberty to take such appropriate steps in terms of the order dated 1st December, 1997 in respect of the following criminal cases before the Chief Metropolitan Court being principles : (1) G.R. Case No. 1448/91 (State v. Madan Mohar Saha) (Defacto complainant - Subrata Saha) Ref. Section AC/No. 208 dated 24.7.91, 17th M.M. Court. (2) G.R. Case No. 1344/90 (State v. Protap Kumar Saha) (Defacto complainant - Prosanto Saha). Ref. Section "A" C/No. 189 dated 28.6.91, 11th M.M. Court. (3) G.R. Case No. 1269/90 (State v. Protap Kumar Saha) (Defacto complainant Prosanto Saha). Ref. Section "A" C/No. 74 dated 13.6.90, 8th M.M. Court. (4) G.R. Case No. 1318/90 (State v. Ruby Rani Saha and others) Ref. Section "A" C/No. 183 dated 23.6.90, 11th M.M. Court pending between the parties. These cases will be deemed as compromised and settled and only formal petition that the disputes were settled before this Hon'ble Court may be filed by de facto complainants before the Criminal Courts in question." Clause 26 of the terms provides as follows : "Liberty to apply."
(2.) It appears from the Annexure "F' of the present application that appropriate applications in respect of dropping the proceedings before the criminal Court as above were taken out specifically mentioning in the petitions that the same has been done pursuant to an assurance given before the Division Bench to withdraw or drop the proceedings as above.
(3.) However, no steps were taken thereafter to withdraw the same nor the Court proceeded with such applications in due compliance of the order of the Division Bench of this Court.;