Mala Thapar And Others v. State Of West Bengal And ANR

C.R.R.4332 of 2023 D/L3 19.12.2023 Bpg.

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

Mala Thapar and others

Versus

State of West Bengal and another Mr. Satadru Lahiri Mr. Safdar Azam Mr. Jyotirmoy Talukdar ...for the petitioners.

Mr. Anwar Hossain Ms. Manisha Sharma.

...for the State.

Mr. Pratyush Patwari Ms. Anupama Sahay.

...for the opposite party no.2.

Report submitted by Mr. Anwarh Hossain, learned advocate appearing for the State be kept with the record. The present revisional application was filed at the instance of the petitioners in connection with Girish Park Police Station Case No.56 dated 08.04.2023 under Sections 420/406/120B of the Indian Penal Code wherein the investigation of the case was continuing.

Initially, it was submitted that there was another set of cases under Section 138 of the Negotiable Instruments Act and all payments were made therein and subsequently there has been a compromise in the proceedings under Section 138 of the Negotiable

Instruments Act.

The subject matter of the present case which was registered for investigation under Sections 420/406/120B of the Indian Penal Code relates to the same corpus which was associated with the Negotiable Instrument Act cases.

Learned advocate appearing for the parties submitted that there has been an amicable settlement between the parties. Consequently, a report was called for. Report reflects that the opposite party no.2 made a statement and gave a declaration. Statement and declaration reflect that the opposite party no.2 at whose instance the case was initiated do not intend to proceed with the present case as amicable settlement/compromise has been arrived at between the parties.

Having regard to the sections for which it was registered and the parties have settled their dispute, I am of the view that further continuance of the investigation in connection with Girish Park Police Station Case No.56 dated 08.04.2023 under Sections 420/406/120B of the Indian Penal Code corresponding to G.R. Case No.373 of 2023 pending before the learned ACMM-1, Calcutta is hereby quashed.

Consequently, the revisional application being CRR 4332 of 2023 is allowed.

Pending connected application, if any, is 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.)