ALOKE ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) HEARD Mr. Bagchi, learned Advocate for the petitioners, Mrs. Rupa bandopadhyay, learned Advocate appearing for the opposite parry No. 2 and mrs. Krishna Ghosh, learned Advocate appearing for the State of West Bengal.

(2.) THE opposite party No. 2 lodged an F. I. R. with the Alipurduar Police station alleging theft of a motor cycle bearing No. WB/70a-3945 by the petitioners-accused persons in the evening of 13. 1. 2009. On this F. I. R. , a case under Sections 341/325/379/506/34 of I. P. C. was registered by the police against the accused persons and upon investigation, charge-sheet was submitted against the accused persons on 20. 2. 2009 under the aforesaid sections of the law. The learned Magistrate took cognizance of the offence and process has been issued against some of the accused persons for the purpose of proceeding with the trial of the case.

(3.) NOW the accused persons-petitioners took out this application under Section 482 of Cr. P. C. on 23. 3. 2009 praying for quashing of the criminal proceeding on the ground that there has been reached a compromise/settlement by and between the parties and the complainant is not willing to proceed with the case and the dispute arose out of business rivalry between the parties and no property or public policy was involved in the matter. It has been contended in the petition that. no useful purpose will serve in continuing with the proceeding.