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Calcutta High CourtCRR/444/2023disposed

Akshat Garg @ Akshit Garg v. State Of West Bengal And ANR

2025-12-05Hon'Ble Justice Ajay Kumar Gupta3 pages

05.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No.07 CRIMINAL REVISIONAL JURISDICTION Ct.No.32 APPELLATE SIDE (Nandita) C.R.R. 444 of 2023 With IA No: CRAN 3 of 2023, With CRAN 6 of 2024 Akshat Garg @ Akshit Garg VS.

The State of West Bengal & Anr.

Mr. Sunny Nandy, Ms. Riya Das, Ms. Yamini Tiwari ...for the Petitioner Mr. Madhusudan Sur, Ld. APP Mr. Dipankar Paramanick ....for the State Ms. Preetu Choudhury ... for the Opposite Party No. 2

1. This instant criminal revisional application has been filed under Section 482 read with Section 401 of the Code of Criminal Procedure seeking quashing of the proceeding being GR Case No. 226 of 2019 arising out of Bowbazar P.S. Case No. 70 dated 18.03.2019 under Sections 406/409/415/420/120B and Section 34 of the Indian Penal Code pending before the learned Metropolitan Magistrate, 12th Court, Calcutta as well as the Charge Sheet No. 28/2022 dated 15.02.2022.

2. During pendency of this case, both the parties have settled their disputes out of court and finally arrived at a compromise. The amount involved in the present case has been paid to the complainant as per terms

and conditions as recorded in the memorandum of settlement. No-objection Certificate has also been issued in favour of the Petitioner.

Copy of Memorandum of settlement and no objection certificate, filed by the petitioner, are taken on record.

3. On the other hand, the learned Counsel appearing on behalf of the opposite party no. 2 also concedes that settlement amounts have been received by his client in terms and conditions of the settlement and there is no objection if the matter may be quashed since the complainant is not interested in pursuing the proceeding before the Trial Court.

4. The State is also represented.

5. In view of above facts and circumstances and the case involved between the parties is in connection with loan and disputes which is purely their personal and pertaining to civil in nature and offences as alleged are compounded, there is no impediment to allow such prayer and quashed in exercise of inherent power under Section 482 of the CrPC.

6. Consequently, the criminal revisional application being CRR 444 of 2023 is, thus, disposed of with above observation.

7. Consequently, pending applications being CRAN 3 of 2023 and CRAN 6 of 2024 are also disposed of.

8. The proceeding being GR Case No. 226 of 2019 arising out of Bowbazar P.S. Case No. 70 dated 18.03.2019 under Sections 406/409/415/420/120B and Section 34 of the Indian Penal Code pending before the learned Metropolitan Magistrate, 12th Court, Calcutta as well as the Charge Sheet No. 28/2022 dated 15.02.2022 are hereby quashed insofar as the petitioner is concerned.

9. Let a copy of this order be communicated to the Trial Court for information.

10. The parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Ajay Kumar Gupta, J.)