Calcutta High Court (Appellete Side)
Amit Nag @ Amit Durgapada Nag And Others vs The State Of West Bengal And Another on 2 July, 2015
Author: R.K. Bag
Bench: R.K. Bag
1 S/L. 1. C.R.R. 2043 of 2015 July 2, 2015 With Bpg. C.R.A.N.1941 of 2015 In the matter of : Amit Nag @ Amit Durgapada Nag and others.
...petitioners.
Versus The State of West Bengal and another.
...opposite parties.
Mr. Tirthankar Ghosh, Mr. Satadru Lahiri.
...for the petitioners.
Mr. Sandipan Ganguly, Mr. Amitava Mitra, Ms. Dolon Dasgupta, Mr. Debangan Bhattacharya.
...for the opposite party no.2.
Mr. Ayan Basu.
...for the State.
The petitioners have preferred this revisional application under Section 482 of the Code of Criminal Procedure praying for quashing the proceeding being G.R. Case no.1239 of 2013 arising out of Shakespeare Sarani (DD) Police Station Case no.153 dated March 29, 2013 under Sections 120B/420/403/406/409/467/468 /471/379 of the Indian Penal Code pending before the court of learned Metropolitan Magistrate, 4th Court, Calcutta.
Both the petitioners and the opposite party no.2 have filed one joint application being CRAN 1941 of 2015 praying for quashing the proceeding on the ground that the dispute is settled amicably between the parties. The joint compromise petition is supported affidavit by the petitioner no.1 and the affidavit of one Dileep Singh Mehta, Director of the opposite party no.2.
Learned counsel for the petitioners and learned counsel for the opposite party no.2 jointly submit that no public servant is involved in the instant 2 criminal case and as such there is no question of filing charge-sheet under Section 409 of the Indian Penal Code. This aspect of submission made on behalf of the petitioners and opposite party no.2 is not opposed by learned counsel for the opposite party/State.
In view of the proposition of law laid down by the Supreme Court in the case of "Gian Singh V. State of Punjab" reported in (2013) 1 SCC (Cri.) 160, I am inclined to quash the criminal proceeding mentioned above, because the dispute is settled amicably between the parties and that there are no materials to indicate an offence under Section 409 of the Indian Penal Code and that the offence will not have much impact on the society and the same is private in nature.
Accordingly, the criminal proceeding being G.R. Case 1239 of 2013 arising out of Shakespeare Sarani (DD) Police Station Case no.153 dated March 29, 2013 under Sections 120B/420/403/406/409/467/468 /471/379 of the Indian Penal Code pending before the court of learned Metropolitan Magistrate, 4th Court, Calcutta, is quashed.
Both criminal revision and CRAN are disposed of.
The department is directed to send down a copy of this order to the learned court below for favour of information and necessary action.
Urgent photostat certified copies of this order, if applied for, be given to the learned counsel for the parties, upon compliance of all formalities.
(R.K. Bag, J.)