Balaji Fire Protection Systems & ANR v. State Of West Bengal & ANR

D/L 14 March 14, Bpg.

CRR 722 of 2019 In Re: A petition under Section 482 of the Code of Criminal Procedure, 1973;

Balaji Fire Protection Systems & Anr.

Versus

The State of West Bengal & Anr.

Mr. Abhijit Choudhury.

...for the petitioners.

Mr. Saswata Gopal Mukherjee, Ld. P.P., Mr. Md. Anwar Hossain, Mr. Mirza Firoj Ahmed Begg.

...for the State.

Affidavit-of-service so filed by the petitioners be kept with the record.

Pursuant to the order dated 24.02.2022, a report has been submitted by the learned Public Prosecutor, High Court, Calcutta. The report has been prepared by the Officer-in-Charge, Tiljala Police Station along with the enclosures relating to statement of the Legal Executive of the complainant being recorded along with the communication received from the said Executive. Report further reflects that a Memorandum of Understanding was entered into and the settlement was arrived at between the complainant and the accused/petitioners before this Court.

Let the report be kept with the record.

The allegations made in the charge-sheet related to Sections 420/406/467/468/120B of the Indian Penal Code. From the allegations so made the subject matter was restricted to a

money claim for installation of fire system.

Having regard to the dispute which is private and personal in nature and the settlement having been arrived at and the report which is received from the Officer-in-Charge of Tiljala Police Station, I am of the opinion that further continuance of the proceedings are unwarranted.

Accordingly, all further proceedings of Tiljala Police Station Case No.57 of 2011 dated 6.2.2011 (including the chargesheet no.132 dated 01.04.2011) filed under Sections 420/406/467/468/120B of the Indian Penal Code pending within the jurisdiction of the learned CJM, Alipore, is hereby quashed. Thus, CRR No.722 of 2019 is allowed.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby made absolute. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)