Bhadresh H. Shah @ Bhadreswar H. Shah v. STATE OF WEST BENGAL
2009-02-06
ASHIM KUMAR ROY
body2009
DigiLaw.ai
Judgment :- (1) Invoking Section 482 of the Code of Criminal Procedure the petitioners moved the instant criminal revision for quashing of the charge-sheet relating to the offence punishable under Sections 409/120B of the Indian Penal Code arising out of Bowbazar Police Station Case No. 228 dated 20th January, 2005 on the grounds that the dispute between the parties which is purely private in nature has been settled out of Court by and between them. (2) In support of the prayer for quashing the learned Advocate of the petitioners relied on a decision of the Honble Apex Court in the case of Madan Mohan Abotv. State of Punjab, reported in AIR 2008 SC 1969 : (2008)2 C Cr LR (SC) 70. (3) On the other hand, the learned Advocate appearing on behalf of the opposite party No. 2, the de facto-complainant has not disputed the contention of the petitioners. He further submitted that the dispute between the parties have been amicably settled and the de facto-complainant has no grievances against the petitioners and no longer desirous to proceed with the criminal case commenced on the basis of the First information Report lodged by him. He further submitted that his cllent has been fully compensated for the alleged loss suffered by him. He also filed an affidavit reiterating his submissions made before this Court. (4) Mr. Abhijit Auddy, learned Advocate appearing for the State produced the Case Diary and submitted that when the matter has been settled out of Court and the de facto-complainant is admittedly not interested to proceed with the case any further, the State is not standing on the way of the prayer for quashing of the case on compromise. (5) Having considered the respective submissions of the parties and the materials on record it appears to me that the dispute between the parties were purely private in nature arose in course of some business dealings. It is an admitted position the said dispute has been settled by and between the parties amicably out of Court and the de facto-complainant, the opposite party No. 2 is no longer desirous to proceed with the criminal case brought against the petitioners at his behest. In such view of the matter, I find there is very bleak chance of the impugned proceedings to reach to its logical conclusion.
In such view of the matter, I find there is very bleak chance of the impugned proceedings to reach to its logical conclusion. Thus, no useful purpose will be served by allowing the impugned proceedings to continue which would be an abuse of process of Court. (6) In the result this criminal revision stands allowed and impugned proceedings stands quashed. (7) The affidavit filed on behalf of the opposite party No, 2/the de facto complainant be kept with the records. (8) The Criminal Section is directed to supply the urgent xerox certified copy of this order, within three days from the date of making application for the same.