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Calcutta High CourtCRR/966/2024disposed

Pritesh Soni v. State Of West Bengal And ORS.

2025-02-28Hon'Ble Dr. Justice Ajoy Kumar Mukherjee3 pages

12.

& 13.

28.02.2025 CRR 2936 of 2023 Bd. IA No. CRAN 1 of 2023 CRAN 4 of 2024 CRAN 5 of 2025 Ct. 237. Amit Ruia & Ors. Vs.

The State of West Bengal With CRR 966 of 2024 Pritesh Soni Vs.

The State of West Bengal & Ors.

Mr. Sandipan Ganguly Mr. Karan Dudhwewala ...for the petitioners. (in item no.12) ... and for the opposite party no.2 ( in item no.13) Mr.Abhimanyu Banerjee Mr. Arnab Saha Ms. Priyanka Yadav ...for the petitioner . (in item no.13) ... and for the opposite party no.2 ( in item no.12) Ms. Faria Hossain Ms. Baisali Basu ... for the State. Affidavit of service filed by the petitioners is taken on record. The copy of recorded statement of de-facto-complainant submitted by Sub-Inspector, Bhowanipore Police Station, dated 25.02.2025 is also taken on record.

The present application being CRR 2936 of 2023 has been preferred with a prayer for quashing of the CGR No. 2213 of 2023 presently pending before learned Chief Judicial Magistrate, Alipore, South 24 Parganas, in connection with Bhowanipore Police Station Case No. 139 dated 15.07.2023 under sections 406/420/120B of the Indian Penal Code.

It is submitted that during pendency of the present application the parties have amicably settled the disputes and to that extent they have filed application being CRAN 5 of 2025. It is further submitted that the investigation though not concluded but the investigating authority has also recorded statement of the defacto-complainant which discloses that the parties have amicably settled their disputes and as such, if the said proceeding is quashed neither party will have any objection. It also appears that the offences alleged in the present proceeding is compoundable in nature.

Having heard learned counsel appearing on behalf of both the parties and that the parties have amicably settled their disputes in terms of memorandum of settlement dated 11th February, 2025 being annexure X-1 of the application and that the offence is compoundable, the impugned proceeding being Bhowanipore Police Station Case No. 139 dated 15.07.2023 corresponding to CGR No. 2213 of 2023 presently pending before learned Chief Judicial Magistrate, Alipore, South 24 Parganas, stands quashed.

In view of disposal of the CRR 2936 of 2023, the other application being CRR 966 of 2024 also stands disposed of. The photocopy of cheque dated 27.02.2025 in terms of Memorandum of settlement is also taken on record. In terms of disposal of the said two applications, the freezing order dated 14th August, 2023 passed by this Court stands vacated.

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

(Dr. Ajoy Kumar Mukherjee, J.)