Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 1408 OF 2018
[@ SPECIAL LEAVE PETITION (CRL.) NO. 6082 OF 2018]
RAJEEB KOTHARI Appellant (s)
VERSUS
THE STATE OF WEST BENGAL & ANR. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant approached this Court since the
High Court declined to exercise its jurisdiction
under Section 482 Cr.P.C. The appellant sought
quashing of proceedings in GR Case No. 634 of 2001
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pending on the file of Metropolitan Magistrate, 4
Court, Kolkata. It is the case of the appellant that
the disputes between the parties have been settled.
3. Despite service of notice, the second respondent,
who is the de-facto complainant, is not present.
There is no appearance as well. The learned counsel
appearing for the State, however, points out that the
Signature Not Verified
Digitally signed by
JAYANT KUMAR ARORA
Date: 2018.12.24
16:40:06 IST
Reason:
trial is in progress. We are afraid, this contention
cannot be appreciated. This Court had granted stay
of the proceedings by order dated 10.08.2018.
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4. We find that the appellant was chargesheeted
under Sections 406, 420 and 120B IPC. Now that the
parties have settled their disputes outside the
court, we do not find that there is any need for the
criminal proceedings to continue any further since in
any case, the trial court will have to take into
consideration the settlement. The appeal is, hence,
allowed.
5. Proceedings in GR Case No. 634 of 2001 on the file
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of Metropolitan Magistrate, 4 Court, Kolkata are
quashed.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ HEMANT GUPTA ]
New Delhi;
November 16, 2018.