Hindustan Construction Company Ltd. Vs State of West… — Cheating and Forgery | Calcutta HC (2025)

Hindustan Construction Company Ltd. Vs State of West… — Cheating and Forgery | Calcutta HC (2025)

What the court decided

AI extract

Outcome

The proceeding in case no. CNS/64 of 2022 under Sections 420/406/120B IPC pending before the learned Metropolitan Magistrate, 19th Court, Calcutta (including the summons order dated April 13, 2023) is quashed; CRR 3640 of 2023 is disposed of and connection applications, if any, are also disposed of.

Issue for consideration

Whether the proceeding in case no. CNS/64 of 2022 under Sections 420/406/120B of the Indian Penal Code pending before the Metropolitan Magistrate, 19th Court, Calcutta, and the summons order dated April 13, 2023, ought to be quashed in view of the subsequent settlement between the parties.

Court's answer

Considering the joint prayer and the amicable settlement (memorandum executed between applicant no.1/petitioner and applicant no.2/complainant), and relying on the decision of the Hon'ble Supreme Court in Achin Gupta Vs. State of Haryana & Ors., the Court held that where charges between the parties are under Sections 420/406/120B IPC and the parties have settled, there is no reason to allow the proceeding to continue further as it would otherwise be abuse of the process of law; accordingly the pending proceeding is quashed.

Detailed headnote1 paragraphs

Criminal Revision CRR 3640 of 2023 (with CRAN 1 of 2024 and CRAN 2 of 2024) - Hindustan Construction Company Ltd., petitioner, sought quashing of the proceeding in complaint case no. CNS/64 of 2022 under Sections 420/406/120B of the Indian Penal Code pending before the learned Metropolitan Magistrate, 19th Court, Calcutta, and of the order dated April 13, 2023 whereby summons were issued against the petitioners. During pendency, the interim order was extended time to time; the parties thereafter arrived at an amicable settlement on the intervention of common friends and well wishers, and a memorandum of settlement was executed between applicant no.1/petitioner and applicant no.2/complainant, who consented, with a sum of Rs. 2,20,000/- inclusive of all taxes agreed towards full and final settlement of all claims, disputes and dues. Relying on the decision of the Hon'ble Supreme Court in Achin Gupta Vs. State of Haryana & Ors., the Court considered the joint prayer, took the view that there was no reason to allow the proceeding to continue further, failing which it would be an abuse of the process of law, quashed the pending proceeding, and disposed of CRR 3640 of 2023 together with the connection applications. (Chaitali Chatterjee (Das), J.; order dated 10.12.2025)

10.12.2025 Item No.20 Ct. No. 34 nb

CRR 3640 of 2023 With CRAN 1 of 2024 +

CRAN 2 of 2024

In the matter of: Hindustan Construction Company Ltd.

...… petitioner. Mr. Rohan Ojha, Mr. Ratnesh Kr. Rai, Mr. Sayantan Das, Mr. Ayush Kr. Upadhyay, Mr. Devanshi Deora, .…For the Petitioner Mr. Soham Sanyal, Mr. Kunal Saraogi, …. For the applicant No.2

In Re. CRAN 2 of 2024

This is an application for quashing of the proceeding in view of subsequent development of settlement as arrived between the parties. Initially, application was filed for quashing on behalf of the petitioner/Hindustan Construction Co. Ltd. of the proceeding of the case no.CNS/64 of 2022 under Sections 420/406/120B of the Indian Penal Code pending before the learned Metropolitan Magistrate, 19^th Court, Calcutta also order dated April 13, 2023 whereby summons were issued against the present petitioners.

During pendency of the order, the interim order as granted was extended time to time and lastly both parties arrived amicable settlement on the intervention of the common friends and well wishers between the applicant no.1 and 2. Accordingly, memorandum of settlement was executed between the applicant no.1/petitioner and applicant no.2/complainant.

2

Accordingly, the applicant no.1 has expressed his desire to comment the offence under Section 420/406/120B of the IPC in connection with the above mentioned proceeding.

It is submitted before this Court that as per the settlement has already agreed to pay sum of Rs.2,20,000/- inclusive all taxes towards full and final settlement of all claims, disputes and dues arose by the second party.

Learned counsel representing the opposite party as also concedes such fact and hence in view of the above settlement arrived in the decision of the Hon’ble Supreme Court in Achin Gupta Vs. State of Haryana & Ors. that in the case where charges between the parties under Sections 420/406/120B of the Indian Penal Code, there is no reason to allow the proceeding any further otherwise it would be abuse in the process of law.

Hence, the joint prayer made before this Court is considered and accordingly, the proceeding pending before the learned Court is hereby quashed.

Accordingly CRR 3640 of 2023 is disposed of.

Connection application, if any is also disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

Urgent xerox certified copy, if applied for be given to the parities on usual undertakings.

(CHAITALI CHATTERJEE (DAS), J.)