JUDGMENT :

Bibhas Ranjan De, J.

1. This application under Section 482 of the Code of Criminal Procedure (for short Cr.P.C.) has been filed with a prayer for quashing of the proceeding of G.R. Case no. 2820 of 2021 corresponding to Siliguri Police Station Case no. 738 of 2021 dated 06.07.2021 under Sections 341/323/506/379 of the Indian Penal Code (for short IPC), pending before the Court of Ld. Additional Chief Judicial Magistrate, Siliguri.

Background:-

2. The petitioner was a tenant under Bikash Chanda @ Subal Chanda (since deceased), father of Sri. Subrata Chanda respondent no. 5 herein in respect of a shop room being Municipal Holding No. 341/465, under Ward No. 11 of Siliguri Municipal Corporation on payment of monthly rental of Rs. 500/-.

3. On 31.08.1995 said Bikash Chanda agree to sell the shop room of same measurement after constructing new building therein at a settled price of Rs. 1,000/-(Rupees One Thousand) per sq. ft. Petitioner paid Rs. 2,00,000/- (Rupees Two Lakh) at the time of execution of the said agreement dated 31.08.1995. Subsequently, on 30.11.1995 petitioner again paid to the tune of Rs. 1,00,000/-(Rupees One Lakh) but said Bikash Chanda failed and neglected eith