The High Court, Calcutta Bench, quashed criminal proceedings under Sections 406/420 IPC as an abuse of process. The Court noted that the de facto complainant's grievance was settled upon payment, rendering the continuation of the proceeding unjustified.
Quashing of GR Case No. 317 of 2022 and disposal of CRAN 1 of 2022.
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09.01.2023 SL No.10 Court No.3 BR
Circuit Bench of Calcutta High Court At Jalpaiguri
CRR 75 of 2022 With CRAN 1 of 2022
In the matter of :RBCM Services Private Limited and anr. …. Petitioner
Mr. Hillol Saha Poddder, Ms. Mousumi Das,
…. For the petitioner
Mr. Aditi S. Chakraborty,Ld. APP, Mr. Aniruddha Biswas …. For the State
Mr. Jaydeep Kanta Bhowmik,, Mr. Sayantan Bhowmik … for the O.P. No. 2
Heard learned counsel representing for the State.
Mr. Hillol Saha Podder, learned counsel for the petitioner submits that the grievance of the de facto complainant has been taken care of by making payment. Learned counsel Mr. Sayantan Bhowmik representing the private respondent admits that the accused persons have paid whatever was due to his client.
Under such circumstances, a proceeding registered under Sections 406/420 of the Indian Penal Code, if it is allowed to remain in force it would be an abuse of process of Court. Therefore, invoking provision of Section 482 of the Cr. P C , I am inclined to quash the proceeding being GR Case No. 317 of 2022
2
arising out of Samuktala P.S. Case No. 29 of 2022 dated 30th January, 2022 under Sections 406/420 of the IPC.
Thus, the criminal revision is disposed of and also the CRAN 1 of 2022 is disposed of.
(Siddhartha Roy Chowdhury, J.)
1 issue framed by the court
Whether criminal proceedings under Sections 406/420 IPC constitute an abuse of process of the Court given that the grievance has been resolved via payment.
3 provisions across 2 enactments
RBCM Services Private Limited
The State of West Bengal
Opposite Party
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
