BHADRESH H SHAH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) INVOKING Section 482 of the Code of Criminal Procedure the petitioners moved the instant criminal revision for quashing of the charge-sheet relating to the offence punishable under Sections 409/120b of the Indian Penal Code arising out of Bowbazar Police Station Case No. 228 dated 20th January, 2005 on the grounds that the dispute between the parties which is purely private in nature has been settled out of Court by and between them.

(2.) IN support of the prayer for quashing the learned Advocate of the petitioners relied on a decision of the Hon'ble Apex Court in the case of Madan mohan Abotv. State of Punjab, reported in AIR 2008 SC 1969 : (2008)2 C Cr lr (SC) 70.

(3.) ON the other hand, the learned Advocate appearing on behalf of the opposite party No. 2, the de facto-complainant has not disputed the contention of the petitioners. He further submitted that the dispute between the parties have been amicably settled and the de facto-complainant has no grievances against the petitioners and no longer desirous to proceed with the criminal case commenced on the basis of the First information Report lodged by him. He further submitted that his cllent has been fully compensated for the alleged loss suffered by him. He also filed an affidavit reiterating his submissions made before this Court.