Gurudas Bawali v. The State Of West Bengal And ANR

02.05.2024 Serial no.23 Aloke Ct. No. 30 CRR 1426 of 2022 Gurudas Bawali vs.

The State of West Bengal & Anr.

For the Petitioner : Mr. Somnath Banerjee, Ms. Leena Mukherjee.

For the Opposite Party No. 2 : Ms. Jharna Biswas, Mr. Biswajit Das.

For the State : Mr. S.S. Imam, Mr. Arabinda Manna.

1.

The present revisional application has been preferred praying for quashing of the charge-sheet being no. 807 dated 31st December, 2020 under Sections 420/506 of the Indian Penal Code, in connection with Bagdah P.S. Case No. 718/20 dated 5th November, 2020, under Sections 420/406/506 of the Indian Penal Code, corresponding to G.R. Case No. 2780 of 2020.

2.

The allegations in the petition of complaint are inter alia to the effect that:- a. On 20.11.2019 the complainant gave Rs.6,00,000/- to the petitioner for purchasing his landed property.

b. It is alleged that the petitioner has neither registered the scheduled landed property in the name of the complainant, nor has the money been returned.

c. It is alleged that the petitioner threatened the complainant with dire consequences when the latter demanded that the money be returned.

d. That opposite party no. 1/State which is the investigating agency, filed the charge-sheet/final report under Section 173 Cr.P.C. against the petitioner for having committed offences under Sections 420/406/506 of the Indian Penal Code. 3.

Learned counsel for the State is present and has placed the case diary.

4.

It appears that the matter has been amicably settled between the parties as submitted before this Court today by the parties herein and a copy of the registered deed dated 27.02.2024 has been field.

5.

The learned counsel for the opposite party no. 2 submits that the dispute between the parties has been amicably settled and the matter may be disposed of accordingly.

6.

It appears that the dispute has been amicably settled. Thus, keeping in mind the judgments of the Hon'ble Supreme Court in Gian Singh vs. State of Punjab & Anr. reported in (2012) 10 SCC 303, Smt. Anita Maria Dias & Anr. vs. The State of Maharashtra & Anr. reported in 2018 (3) SCC 290 and the fact that the present dispute between the parties is a private civil dispute and the same has now been settled between the parties, the present proceeding if

permitted to proceed towards trial will serve no purpose.

7.

Accordingly, the present revisional application is disposed of by quashing of the proceedings in Bagdah P.S. Case No. 718/20 dated 5th November, 2020, under Sections 420/406/506 of the Indian Penal Code, corresponding to G.R. Case No. 2780 of 2020 and charge-sheet being no. 807 dated 31st December, 2020 under Sections 420/506 of the Indian Penal Code, in respect of the petitioner herein.

8.

All connected applications, if any, stand disposed of. 9.

Interim order, if any, stands vacated.

10. Let a copy of the order be sent to the learned trial court for compliance.

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

(Shampa Dutt (Paul), J.)