Renesha Banerjee And Others v. State Of West Bengal And ANR

akb 03.10 Ct. No. 237 C.R.R. 3983 of 2022 Renesha Banerjee & Ors.

Vs.

Heracus Technologies India Pvt. Ltd.

Mr. Sourav Chatterjee Mr. Aditya Tiwari ...For the Petitioners Mr. Samiran Mandal Mr. Mrinal Kanti Sardar ...For the Opposite Party No. 2 Ms. Faria Hossain Ms. Rajashree Tah ...For the State Re.: IA No. CRAN 8 of 2024.

Petitioners herein have sought for quashing of proceeding, being C.G.R. 2734 of 2022 presently pending before the learned Chief Judicial Magistrate, Alipore, South 24-Parganas arising out of Gariahat Police Station Case No. 180 of 2022 dated 11th September, 2022. The proceeding was initiated on the basis of the written complaint dated 11th September, 2022. The petitioners alleged in the present Application that on the basis of false and frivolous allegations complaint has been lodged by the opposite party No. 2. However, during pendency of the investigation, of the instant criminal proceeding, parties have arrived at a settlement and to that extent they have filed an application, being IA No. CRAN 8 of 2024, which is signed by both the petitioners, namely Sanjay Banerjee and Sourav Banerjee and also by the de facto complainant, namely, Koustav Dey. It is further submitted that the offence alleged against the present petitioners are all compoundable offence and in view of the settlement, said criminal proceeding may be quashed.

Learned Counsel appearing on behalf of the State produced a report signed by the Officer-in-Charge, Gariahat Police Station dated 3rd October, 2024, wherein the concerned Investigating Officer has recorded statement of Koustav Dey and also statements of Sanjay Banerjee and Sourav Banerjee, wherefrom it appears that the parties have mutually settled their disputes and the de facto complainant wants to close the impugned proceeding, initiated by him. Let the said report be kept with the case record. Having considered the aforesaid facts and circumstances of the case and in view of the settlement arrived at by and between the parties, I find that further continuance of investigation in the present proceeding will be a mere abuse of process of law.

When parties themselves have compromised the dispute, it would be a waste of time in proceeding further with the present criminal case. In such view of the matter, CRR 3983 of 2022 along with the application for compromise, being IA No. CRAN 8 of 2024 are allowed. The impugned proceeding, being C.G.R. 2734 of 2022 presently pending before the learned Chief Judicial Magistrate, Alipore, South 24-Parganas in connection with the Gariahat Police Station Case No. 180 of 2022 dated 11th September, 2022 is hereby quashed. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all necessary formalities. (Ajoy Kumar Mukherjee, J.