Goutam Sarkar & Ors vs Unknown
2021 Latest Caselaw 3583 Cal

    16
06.07.2021

rrc

CRR 229 of 2021 with CRAN 1 of 2021 In re : An application under Section 482 of the Code of Criminal Procedure.

In the matter of : Goutam Sarkar & Ors.

..... petitioners

Ms. Roma Roy (Dey) .....For the petitioners

Mr. Madhusudan Sur, ld. APP Mr. Dipankar Pramanick .....For the State

Mr. Ankit Agarwala Ms. Alotriya Mukherjee Mr. Vineet Ojha .....For the opposite party nos. 2, 3

This is an application for quashing of proceeding being

Serampore Police Station Case No. 307 of 2020 dated October 9,

2020, under Sections 380/419/420/406/467/468/120B/34 of the

Indian Penal Code, 1860. The parties have filed a joint petition and

prayed for quashing of the said criminal proceeding.

It appears from the submission advanced on behalf of the

State that the charge-sheet in this case, however, was filed

ultimately under Sections 420/406/120B of the Indian Penal Code.

The dispute arose between the members of the opposite party

no. 2, which is the association of the bank employees of United

Bank of India.

Petitioners are the erstwhile office-bearers of the said

association.

The de-facto complainant is the opposite party no. 3, who is

the Secretary of the said association. The opposite party no. 3 filed

a complaint before the relevant police station against the

petitioners.

It has been submitted on behalf of the learned advocate for the

opposite party no. 2 and 3 that the disputes between the parties

have been amicably settled, and the alleged misappropriated money

has also been refunded. He submits that in such facts and

circumstances of the case, the continuance of the proceedings will

be a miscarriage of justice.

Ms. Roma Roy (Dey), learned advocate appearing for the

petitioners does not dispute the fact of settlement and the other

factual aspect of the case as submitted by the learned advocate

appearing on behalf of the opposite party no. 3.

I am of the view that the judgment reported at (2015) 15 SCC

707 (Anil Jain Vs. State of Uttar Pradesh), a case of this nature

may be quashed in exercise of the power under Section 482 of the

Code of Criminal Procedure, 1973.

The revisional application being CRR No. 229 of 2021, thus,

stands allowed.

The proceedings being G.R. Case No. 1401 of 2020 under

Sections 420/406/120B of Indian Penal Code, 1860 pending before

the learned Additional Chief Judicial Magistrate, Serampore,

Hooghly is quashed.

The connected application being CRAN 1 of 2021 is disposed of

in terms of the above.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

(Kausik Chanda, J.)