Rbcm Services Private Limited And ANR v. The State Of West Bengal And ANR

09.01.2023 SL No.10 Court No.3 BR Circuit Bench of Calcutta High Court At Jalpaiguri CRR 75 of 2022 With CRAN 1 of 2022 In the matter of :RBCM Services Private Limited and anr. .... Petitioner Mr. Hillol Saha Poddder, Ms. Mousumi Das, .... For the petitioner Mr. Aditi S. Chakraborty,Ld. APP, Mr. Aniruddha Biswas .... For the State Mr. Jaydeep Kanta Bhowmik,, Mr. Sayantan Bhowmik ... for the O.P. No. 2 Heard learned counsel representing for the State. Mr. Hillol Saha Podder, learned counsel for the petitioner submits that the grievance of the de facto complainant has been taken care of by making payment. Learned counsel Mr. Sayantan Bhowmik representing the private respondent admits that the accused persons have paid whatever was due to his client. Under such circumstances, a proceeding registered under Sections 406/420 of the Indian Penal Code, if it is allowed to remain in force it would be an abuse of process of Court. Therefore, invoking provision of Section 482 of the Cr. P C , I am inclined to quash the proceeding being GR Case No. 317 of 2022

arising out of Samuktala P.S. Case No. 29 of 2022 dated 30th January, 2022 under Sections 406/420 of the IPC. Thus, the criminal revision is disposed of and also the CRAN 1 of 2022 is disposed of.

(Siddhartha Roy Chowdhury, J.)