MALINA DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application u/s 482 of the Criminal Procedure Code for quashing of a proceeding in connection with GR Case no. 6600 of 2014 arising out of Khardah Police Station Case no. 1110 of 2014 dtd. 1/12/2014 under Sec. 323/373/420/406/448/427/506/120B and 34 of IPC pending before the Learned Court of 1st Judicial Magistrate at Barrackpore. The brief fact of the case is that the present petitioners are the owners in respect of land and opposite party no. 2 is the developer. One development agreement was executed and signed between the parties for the purpose of construction of multi-storied-building over the portion of land. It is the allegation of the petitioner that the present opposite party no. 2 has flouted the terms of the agreement and as he was directed by the present petitioners for the performance of the development agreements. The instant false criminal proceeding was filed.

(2.) Learned Advocate for the petitioners submitted that the contents of the application u/s 156(3) of Cr.P.C. does not disclose the ingredients of the offence as complaint. He further pointed out that the police has conducted the investigation of this case in a perfunctory manner and submitted a charge sheet without basis of any documents and ingredients which can substantiate commission of alleged offence. He again pointed out that the dispute between the parties are civil in nature. The petitioners got a favourable order of bail from the competent court wherein it was observed that the matter of dispute between the parties is civil in nature.

(3.) He further pointed out that in compliance of the terms of the development agreement the petitioners had deposited a huge sum of money with the private opposite party but he did not hand over the possession of the owner's portion of the flat. The dispute between the parties is now pending before the Learned Consumer Court.