Charu Bhasin v. The State Of West Bengal And ANR

23-08-2023 Court No.3 bm/mg/8.

In The High Court At Calcutta Jalpaiguri Circuit Bench C.R.R. 180 of 2023 CHARU BHASIN Vs.

THE STATE OF WEST BENGAL AND ANR.

Mr. Gagan Talwar Mr. Dipankar Deb Mr. Nishant Goel ... for the petitioner Mr. Satyam Sarkar Mr. Alok Sah ... for defacto complainant Mr. Aditi Shankar Chakraborty Mr. Nilay Chakraborty ... for the State.

The instant application is filed under Section 482 of the Cr.P.C. for quashing entire proceeding in connection with Darjeeling Sadar Police Station Case No. 133 of 2022 dated 07.12.2022 under Section 420/363/406/120B/370 of the Indian Penal Code, corresponding to G.R. case No. 307 of 2022 pending before the Court of Chief Judicial Magistrate, Darjeeling.

The prosecution was initiated on a complaint filed by opposite party no.2.

After investigation charge sheet has been filed being charge sheet no. 8 of 2022 dated 31.01.2023 under Sections /363/406/120B/370.

It is contended by the petitioner that the matter has been amicably settled between the parties. Affidavit is filed on behalf of the respondent no.2 stating therein that the complaint was lodged by him out of heat of the moment and due to mis-communication between the petitioner and the accused.

Another affidavit sworn before the notary public is also filed. Both the defacto complainants are present in Court today and they expressed their willingness for quashing the prosecution.

Let the prosecution of Darjeeling P.S. Case No. 133 of 2022 dated 07.12.2022 under Sections 420/363/406/120B/370 Indian Penal Code corresponding to G.R. case no. 307 of 2022 as well as the charge sheet being Sadar charge sheet no.

of dated 31.01.2023 be quashed.

A copy of this Order may be sent to the learned Chief Judicial Magistrate, Darjeeling. Case diary may be returned.

(SUGATO MAJUMDAR, J.)