Calcutta High CourtCRR/1402/2021disposed

Subhash Kanti Chanda v. State Of West Bengal And ANR

2021-09-22Hon'Ble Justice Kausik Chanda2 pages

22.09.2021 Ct No. 35 D/L 15 ab C.R.R. 1402 of 2021 With CRAN 1 of 2021 (Via Video Conference) Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

In re : Subhas Kanti Chanda, ... Petitioner Mr. Sourav Chatterjee, Mr. Billwadal Bhattacharyya, Mr. Sayak Chakraborti, Mr. Anish Kumar Mukherjee, Mr. Aniruddha Bhattacharyya, Mr. Amrit Sinha, ... for the petitioner Mr. Sudip Ghosh, Mr. Bitasok Banerjee, ... for the State Mr. Somnath Adhikary, ... for the opposite party No. 2 The de-facto complainant/opposite party no. 2 alleged, inter alia, in her complaint that the petitioner had no legal authority to give her loan though she admitted that she obtained a loan from the petitioner and repaid it as well.

When the matter was taken up for hearing on September 21, 2021, it was submitted on behalf of the de-facto complainant/opposite party no. 2 that she is not inclined to continue with the said criminal case registered under Sections 420/406 of the Indian Penal Code, 1860, on the basis of her complaint.

In compliance with the order dated September 17, 2021, an affidavit has been filed by the de-facto complainant/opposite party no. 2 disclosing that she does not desire to continue with the present criminal case.

In view of the fact that the alleged offences are compoundable in nature, I am of the opinion that there is no justification to continue with the present criminal case. Accordingly, Habra Police Station Case No. 325 of 2021 under Sections 420/406 of the Indian Penal Code, 1860, pending before the learned Chief Judicial Magistrate, Barasat, North 24 Parganas, stands quashed.

Let the copy of the AADHAAR Card of the petitioner and the report filed by the State, be kept with the record. The revisional application being C.R.R. 1402 of 2021 along with C.R.A.N. 1 of 2021 are, thus, disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with all necessary formalities.

(Kausik Chanda, J.)