Rajeeb Kothari vs The State Of West Bengal

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

pending on the file of Metropolitan Magistrate, 4 th

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

trial is in progress. We are afraid, this contention Digitally signed by JAYANT KUMAR ARORA Date: 2018.12.24 16:40:06 IST Reason:

cannot be appreciated. This Court had granted stay

of the proceedings by order dated 10.08.2018. 2

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

of Metropolitan Magistrate, 4th Court, Kolkata are

quashed.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ HEMANT GUPTA ]

New Delhi;

November 16, 2018.