Md. Mumtaz Khan, J. - (1.) This is an application under Section 482 of the Code of Criminal Procedure filed by the petitioner/accused persons praying for quashing of the proceeding of G.R. Case No. 634 of 2001 pending before the learned Metropolitan Magistrate, 4th Court, Calcutta arising out of Amherst Street Police Station Case No. 78 of 2001 dated April 7, 2001 under Section 420/120B of the Indian Penal Code.
(2.) The complainant/opposite party No. 2 lodged a written complaint at the Amherst Street P.S. alleging that this petitioner along with his brother and father hatching a conspiracy persuaded him and his mother to invest money for purchasing shares with assurance of good return but thereafter neither returned back the money nor the shares and even closed their office and thereby cheated him and his mother to the tune of Rs. 1,17,000/-. After registering the case investigation ensued and thereafter on completion of investigation charge sheet was submitted against the petitioner, his brother and father for the commission of the offence punishable under Section 120B/420/406 of the Indian Penal Code. On February 24, 2011 charge was framed against the petitioner, his brother and father under Section 420/120B of the Indian Penal Code and trial commenced. Three witnesses have already been examined by the prosecution including the complainant.
(3.) It was submitted by the learned advocate for the petitioner that the dispute between the parties is purely of civil in nature on account of failure to fulfill the promise and the petition of complaint does not disclose any ingredients of offence of cheating. He further submitted that the matter has been amicably settled between the parties and the entire money has been paid to the complainant which the complainant has himself admitted in course of his examination before court that he has no grievance against the petitioner. He also drawn this court's attention to one agreement reportedly entered into between the complainant and the accused persons. According to learned advocate for the petitioner, now the complainant inspite of receiving the money and entering into an agreement of settlement failed to turn of before this court inspite of service of notice which clearly indicates that the complainant has now no grievance against the accused persons and accordingly in view of such settlement between the parties the instant criminal proceeding is liable to be quashed.;