Satya Narayan Ray v. State Of West Bengal & ORS

19.04. 2023 item No.13 n.b.

ct. no. 551 CRR 2414 of 2014 + IA No. CRAN 10 of 2018(Old No. CRAN 3763 of 2018) + CRAN 11 of 2023 Satya Narayan Ray Vs.

State of West Bengal & Ors.

Mr. Satadru Lahiri, Ms. Amrita Pandey, Mr. Ghanshyan Pandey, Ms. Sneha Singh, ... for the petitioner.

Mr. B. Choudhury, .... For the respondent no.2.

Mr. Binay Panday, Mr. Subham Bhakat, ... for the State.

In Re. CRAN 11 of 2023 The instant CRAN application was filed jointly by the present petitioner as well as private opposite party for an appropriate order.

It appears that the dispute between the parties was settled outside the Court and on the terms of the settlement a joint compromise application has filed with a prayer that the proceeding pending before the learned Magistrate begin G.R. Case No. 215 of 2014 presently renumbered as GR Case No. 574 of 2022 arising out of Bidhannagar (North) P.S. FIR No.54 dated 9.3.2014 under Sections 420/417/120B of Indian Penal Code may be quashed.

Heard the learned advocate. It appears that the instant criminal revisional application has been filed by the present petitioner for quashing the criminal case as mentioned above on several grounds. He further submits that the de facto complainant and the present petitioner have come to settle the dispute between them, which appears to be actual private dispute. It further appears that charge-sheet has been submitted in this case after completion of investigation. As the dispute has been settled between the parties, further proceeding of the instant criminal proceeding which was started at the behest of the de facto complainant appears to be ineffective.

Thus, I am of the view that further proceeding of the criminal proceeding before the learned Magistrate would be an abuse of process of court. Thus, I find merit in the instant CRAN application and it is allowed.

The criminal proceeding being, G.R. Case No. 215 of 2014 presently renumbered as GR Case No. 574 of 2022 arising out of Bidhannagar (North) pending before the learned Additional Judicial Magistrate, Bidhannagar (North) is hereby quashed. The CRAN 11 of 2023 along with CRR 2414 of 2014 is disposed of in view of above terms and conditions. The parities are at liberty to withdraw the original documents, which were seized by the police during the course of investigation of this case according to law.

All connected CRAN applications, if pending, are disposed of.

Any order of stay passed by this Court during the pendency of the instant revisional application is hereby also vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Subhendu Samanta, J.)