Indra Kumar Mohta And ANR v. State Of West Bengal And ANR

14.03.2024 Serial no. 5 [G.S.D] CRR 328 of 2024 With CRAN 1 of 2024 In the matter of : Indra Kumar Mohta & Anr.

... ... Petitioners Mr. Sandipan Ganguly Mr. Dipanjan Dutta Mr. S. Dutt Majumder Mr. S. N. pandey Ms. R. Sarkar ... for the petitioners Mr. Saibal Krishna Dasgupta ... for the o.p. no.2 Mr. Debasis Roy Mr. Rudradipta Nandy Ms. Sonali Das ... for the State The revisional application was preferred challenging the continuance of Karaya P.S.Case No. 363 of 2020 dated 21.9.2020 under sections 120B/406/420/465/467/468/471/506(II).

It is submitted that in course of the proceedings, a settlement was arrived at between the petitioners and the complainant/o.p. no.2. A report was called for to that effect. The said report reflects that a sum of Rs.1 crore 25 lakh have already been received and another sum of Rs.50 lakh would be received in due course. The complainant agrees to such proposal and has expressed his intention that he does not intend to proceed with the investigation of Karaya P.S. Case No. 363 of 2020 dated 21.09.2020.

Mr. Das, ld. Advocate has also filed list of documents which include a Photostat copy of the C.S. 102 of 2022, wherein the terms of settlement has been approved by the Civil Court and the suit has been disposed of. Having regard to the changed circumstances, I am of the view that as no element of public policy is involved and the dispute and difference arose out of business transactions, further continuance of the police investigation is unwarranted in the facts and circumstances of the instant case.

Accordingly, all further proceedings of Karaya P.S. Case No. 363 of 2020 dated 21.09.2020 under sections 120B/406/420/465/467/468/471/506(II) of the IPC pending before the ld. CJM, Alipore is hereby quashed. With the aforesaid observations, CRR 328 of 2024 along with CRAN 1 of 2024 is allowed.

Pending application, if any, is also disposed of. 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.)