Manoj Kumar Pandey v. State Of West Bengal And ANR

05.12.2022 Sl. Nos. 05 Srimanta Ct.No. 42 IA No.:CRAN/1/2022 in CRR/3730/2022 In the matter of : Manoj Kumar Pandey Mr. Sourav Chatterjee, Adv., Mr. Debanjan Ghosh, Adv.

...for the petitioner.

Mr. Ranabir Roy Choudhury, Adv., Mr. Sandip Chakraborty, Adv.

...for the State.

Mr. Ayan Bhattacharya, Adv., Mr. R. Sarkar, Adv., Mr. Soumya Nag, Adv.

...for the opposite party no. 2.

This is a joint application for compromise filed by the petitioner and the opposite party no. 2/de facto complainant. On the basis of a written complaint filed by the opposite party no. 2 Shibpur Police Station Case No. 369/2019 under Sections 420/120B/406 of the Indian Penal Code was registered. Investigation of the case culminated in filing of charge-sheet against the petitioner. The petitioner has prayed for quashing of the charge-sheet before this Court. During the pendency of this proceeding, the parties have amicably settled the dispute. It was the allegation of the de facto complainant that the petitioner embezzled the fund of the Company worth Rs.30,00,000/-. However, it was detected that the petitioner did not commit cheating in respect of the said fund and, therefore, he has been inducted in the Company where he used to work. It is needless to say that the offences under Section 420/406 are compoundable in nature.

The Investigating Officer has also filed a report admitting that the parties have settled the dispute. In view of such circumstances, the compromise application is acceptable and allowed. Criminal proceeding being Shinpur Police Station Case No. 369/2019 under Sections 420/120B/406 of the Indian Penal Code be quashed. The amount of security that was deposited by the petitioner as a condition for his anticipatory bail and passport be returned to the petitioner.

The instant application as well as the revision is accordingly disposed of.

[ ( Bibek Chaudhuri, J. )