M/S Navratra Distributors Pvt. Ltd. And ORS v. State Of West Bengal And ANR

C.R.R.687 of 2021 With CRAN 1 of 2021 With CRAN 2 of 2023 D/L21 08.02.2023 Bpg.

In Re: An application under Section 401 and 482 of the Code of Criminal Procedure, 1973;

M/s. Navratra Distributors Private Limited and others

Versus

The State of West Bengal and another Mr. Kallol Mondal, Mr. Krishan Ray, Mr. Souvik Das, Mr. Aramitra Banerjee, Mr. Ayan Mondal.

...for the petitioners.

Mr. Ranabir Roy Chowdhury, Mr. Sandip Chakraborty, Mr. Mainak Gupta.

...for the State.

In the order dated 06.01.2023 the name of the parties have been inadvertently written as "M/s. Bhakarh Properties Pvt. Ltd. and another Vs. State of West Bengal and another" in stead of "M/s. Navratra Distributors Private Limited and others Vs. The State of West Bengal and another".

Report submitted by learned advocate appearing for the State in Hare Street Police Station Case No.12 dated 08.01.2021 be kept with the record.

The Investigating Officer of the case has contended in the report that the complainant has settled the dispute and intends not to pursue with the present case.

The nature of FIR which was initiated on the basis of an application under Section 156(3) of the Code of Criminal Procedure relates to family disputes in respect of a trust and company, mainly with regard to allegations of wrongful gain of one and wrongful loss of another. No Government money or public money is involved which has been embezzled and is subject matter of consideration of investigation.

Having considered the contents of the joint compromise application as well as the report filed by the Investigating Officer of the case, I am of the opinion that further continuance of the proceedings in the changed circumstances is unwarranted as the complainant is not willing to pursue with the remedy which he initiated.

Accordingly, all further proceedings arising out of Hare Street Police Station Case No.12 of 2021 dated 08.01.2021 including the charge-sheet filed therein is hereby quashed. The revisional application being CRR 687 of 2021 along with CRAN 2 of 2023 is hereby allowed.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)