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Calcutta High CourtCRR/3459/2025allowed

Viswanath Kedia And ORS. v. State Of West Bengal

2026-04-07Hon'Ble Dr. Justice Ajoy Kumar Mukherjee3 pages

7.4.2026 sb CRR 3459 of 2025 With CRAN 3 of 2026 Viswanath Kedia & Ors.

Vs.

The State of West Bengal & Anr.

Mr. Pawan Kumar Gupta Ms. Sofia Nesar Mr. Santanu Sett ...for the petitioners Mr. Kaushik Chatterjee Mr. Tirthankar Dey ...for the O.P. no. 2 Mr. Arijit Ganguly Mr. Rajesh Jana ...for the State A report submitted by the Sub-Inspector of Police, Singur Police station is taken on record.

The petitioners herein have preferred the instant application along with a prayer for quashing of the entire proceeding in connection with the G.R. case no. 194 of 2025, presently pending before the learned Chief Judicial Magistrate, Hooghly. The allegation levelled against the petitioners in the written complaint is that the petitioners being the Directors of M/s. East India Flour Mills Pvt. Ltd. allegedly allowed M/s. Krishanika Traders LLP of which the opposite party no. 2 is a partner, to store his goods free of rent safely in their factory situated at Singur, Hooghly. It is alleged that the opposite party no. 2 accumulated stocks worth of Rs. 3,44,74,309/- in the said factory of the petitioners. It is further alleged that the opposite party no. 2 on

22nd December, 2023, had met with an accident and thereafter, till 10th September, 2024, he could not visit the godown but later when he visited the godown, his alleged goods were missing and on enquiry, the petitioners denied whereabout of such goods. It is further alleged that the petitioners have sold goods to the third party without taking consent from the petitioners. During pendency of the instant application, the parties have amicably settled the matter among themselves and the opposite party no. 2 herein desired that the instant proceeding be quashed since he does not want to support the imputation levelled against the petitioners during the trial.

Learned counsel for the opposite party no. 2 submits that in order to effectuate the compromise between the parties, one memorandum of understanding dated 5.3.2026 was executed between the parties and as per the said agreement, he has agreed for quashing of the impugned proceeding.

Learned counsel for the State submitted a report, which was sent by the Sub-Inspector of Police, Singur Police station, also stated that the matter has been amicably settled in terms of the memorandum of understanding.

Having heard learned counsel for the petitioner and both the opposite parties, it appears that in view of the amicable settlement between the parties which has been reduced into writing in terms of the memorandum of understanding, the opposite party no. 2 herein has expressed his desire not to adduce evidence in support of the imputations levelled in the written complaint and as such,

there is hardly any chance of conviction of the present petitioners at the end of trial. Therefore, further continuance of the instant proceeding against the present petitioners will be mere abuse of the process of the court.

In such view of the matter, CRR 3459 of 2025 is allowed. The impugned proceeding being G.R. case no. 194 of 2025 arising out of Singur Police Station case no. 50 of 2025, presently pending before the learned Chief Judicial Magistrate, Hooghly is hereby quashed.

Connected application, if any, is also disposed of. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities. ( Dr. Ajoy Kumar Mukherjee, J. )