Pawan Munjal v. State Of West Bengal And ANR

C.R.R.4171 of 2022 With CRAN 1 of 2023 D/L11 18.10.2023 Bpg.

In Re: An application under Section 482 read with Section 402 of the Code of Criminal Procedure, 1973;

Mr. Pawan Munjal

Versus

The State of West Bengal and another Mr. Sekhar Kumar Basu Mr. Nilanjan Sen Mr. Santosh Kr. Sur Mr. Amit Pan Mr. Debarshi Das.

...for the petitioner.

Mr. Arijit Ganguly Mr. Sanjib Kumar Dan.

...for the State.

Mr. Prithvijoy Das Mr. Ronit Mukherjee.

...for the opposite party no.2.

Report submitted by Mr. Arijit Ganguly, learned advocate appearing for the State be kept with the record. The report encloses the statement as well as the communication made to the Investigating Officer of the case. During the pendency of the investigation, petitioner and the de facto complainant have amicably settled the dispute. The dispute was with respect to certain commercial transactions which took place between the parties. No public policy is involved. A joint compromise application being CRAN 1 of 2023

has been filed. The joint compromise application encloses the settlement agreement. In the settlement agreement the de facto complainant has categorically averred that he has no intention to pursue with the case being Kharagpur Local Police Station Case No.699 of 2022 dated 29.08.2022 and he has no objection if the same is quashed.

Having regard to the contention so advanced in the joint compromise application, the statement before the Investigating Officer and the totality of the circumstances which involve commercial transaction between the parties, I am of the view that further continuance of the present case being Kharagpur Local Police Station Case No.699 of 2022 dated 29.08.2022 under Sections 406/420/465/467/468/120B of the Indian Penal Code is unwarranted, as such, the same is hereby quashed. Accordingly, CRR 4171 of 2022 along with CRAN 1 of 2023 is allowed.

Pending applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)