(Kurian Joseph and Hemant Gupta, JJ.)
Rajeeb Kothari ___________________________________ Appellant
v.
The State of West Bengal & Anr. __________________ Respondent(s)
Criminal Appeal No(s). 1408 of 2018 [@ Special Leave Petition (Crl.) No. 6082 of 2018], decided on November 16, 2018
The Judgement of the Court was delivered by
Kurian, J.:—
1. Leave granted.
2. The appellant approached this Court since the High Court declined to exercise its jurisdiction under Section 482 Cr.P.C. The appellant sought quashing of proceedings in GR Case No. 634 of 2001 pending on the file of Metropolitan Magistrate, 4th Court, Kolkata. It is the case of the appellant that the disputes between the parties have been settled.
3. Despite service of notice, the second respondent, who is the de-facto complainant, is not present. There is no appearance as well. The learned counsel appearing for the State, however, points out that the trial is in progress. We are afraid, this contention cannot be appreciated. This Court had granted stay of the proceedings by order dated 10.08.2018.
4. We find that the appellant was chargesheeted under Sections 406, 420 and 120B IPC. Now that the parties have settled their disputes outside the court, we do not find that there is any need for the criminal proceedings to continue any further since in any case, the trial court will have to take into consideration the settlement. The appeal is, hence, allowed.
5. Proceedings in GR Case No. 634 of 2001 on the file of Metropolitan Magistrate, 4th Court, Kolkata are quashed.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 6082/2018
Rajeeb Kothari ____________________________________ Petitioner
v.
The State of West Bengal & Anr ___________________ Respondent(s)
Date : 16-11-2018 This petition was called on for hearing today.
(Before Kurian Joseph and Hemant Gupta, JJ.)
For Petitioner(s) Ms. Ekta Mehta, Adv.
Ms. Jaikriti S. Jadeja, AOR
Mr. Shreyas Singhvi, Adv.
For Respondent(s) Mr. Suhaan Mukerji, Adv.
Ms. Astha Sharma, Adv.
Mr. Amit Verma, Adv.
Ms. Kajal Dalal, Adv. Ms. Dimple Nagpal, Adv.
For M/S. Plr Chambers And Co.
UPON hearing the counsel the Court made the following
ORDER
6. Leave granted.
7. The appeal is allowed in terms of the signed non-reportable Judgment.
8. Pending interlocutory application(s), if any, is/are disposed of.
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