M/S Gtpl Kolkata Cable An Dbroadband Pariseva Ltd And ORS v. State Of West Bengal And ANR

01.03.2021 Item no.8 Ct. No.42 CHC C.R.R. No.283 of 2021 IA No. C.R.A.N.1 of 2021 (Physical Hearing) In Re: An application under Section 482 of the Code of Criminal Procedure1973.

In the matter of:- M/s GTPL Kolkata Cable & Broadband Pariseva Limited & ors.

... Petitioners Mr. Koustav Bagchi ... for the petitioners Mr. Swapan Banerjee, Mrs. Purnima Ghosh ...for the State Mr. Aniruddha Bhattacharyya, Mr. Arup Sarkar ...for the opposite party no.2 Parties are represented through their learned advocates, the names of whom are shown above at the beginning of this ordersheet.

Mr. Banerjee, learned advocate representing the State submits that police has already submitted charge-sheet in this case under Sections 418/420/34 of the Indian Penal Code. The application being C.R.A.N.1 of 2021 revealing mutual settlement of the disputes between the parties is taken up for hearing. In paragraph '8' of this C.R.A.N. application there is reflection that the disputes between the parties have already been

settled mutually. The amounts said to have been cheated have already been liquidated.

Mr. Bhattacharyya, learned advocate representing the de facto complainant/opposite party no.2 submits that the de facto complainant has already received the money, because of the mutual settlement taken place already between the parties. Learned advocate for the petitioners submits that with the liquidation of the money there lies nothing to be adjudicated upon touching the merits of the case, if there be any. Having considered the submission of the parties and bearing in mind the amicable settlement between the parties, the Court should not stand on the way.

The impugned proceeding pending in the court below being G.R. Case No.4405 of 2016 stands quashed for such settlement effected between the parties. The petitioners/accused persons are accordingly acquitted.

With the disposal of the C.R.A.N. application, the instant revisional application also stands disposed of. All parties shall act in terms of copy of this order downloaded from the official website of this Court.

Urgent Xerox certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Subhasis Dasgupta, J.)