IMPORTANT POINT
Serious criminal offences affecting public interest cannot be quashed based on private settlements; substantial evidence must be evaluated during trial.

JUDGMENT :

Bibhas Ranjan De, J.

1. The instant criminal revision application has been filed with a prayer for quashment of the proceedings in connection with Berhampur Police Station Case No. 1584 of 2018 dated 27.12.2018 and subsequently filed Charge sheet being no. 1073 of 2021 under Sections 420/465/467/468/506/34 of the Indian Penal Code (hereinafter referred to as IPC) corresponding to G.R. Case No. 5182 of 2018 presently pending before the Court of Ld. Chief Judicial Magistrate (for short CJM), Berhampur, Murshidabad.

Brief facts:-

2. The impugned proceeding was put into motion via written complaint made by the opposite party no. 2 herein on 27.12.2018 with the Berhampur Police Station to the effect that on 10.08.2009 one Jayanta Bajpayee introduced him to the petitioner herein who claimed himself to be the Secretary of Krishi Bikash Shilpa Kendra (for short KBSK). Later he was also introduced to one Subhasis Nag at Hotel White House, Berhampur, Murshidabad. The opposite party no. 2 herein alleged that many documents in the name of the Government of India were manufactured by the alleged persons claiming that they were permitted by the Government of India to absorb the unemployed people which made the opposite party no. 2 believe that the alleged persons will be able to accommodate unemployed people with proper jobs. Upon receipt of this frivolous assurance, the opposite party no. 2 herein from 2010 to 2016 collected about Rs. 2.65 crores from 450 unemployed people approximately and handed over the said amount to the alleged persons in regular intervals at the said Hotel. But, till date the accused neither gave anyone any job in their organization nor did they refund the money collected. After realizing that he has been cheated by the accused, the opposite party no. 2 filed the written complaint which gave rise to Berhampur Police Station Case No. 1584 of 2018.

3. On receipt of the said complaint investigation was conducted by the Berhampur Police Station and subsequently charge sheet being no. 1073 of 2021 was submitted under Sections 420/465/467/468/506/34 of the IPC against the three (3) accused persons including the petitioner.

4. Being aggrieved by and dissatisfied with the impugned proceeding the petitioner has preferred this application invoking Section 401 read with Section 482 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.).

Arguments Advanced:-

5. Ld. Sr. Counsel, Mr. Sudipta Moitra, appearing on behalf of the petitioner has mainly canvassed his argument on the ground that the period of alleged offence ranges from 2009 to 2016 but the FIR was lodged only in the year 2018. Furthermore, the FIR was not lodged by any person alleged to have deposited money in exchange of any job assurance.

6. Mr. Moitra has further contended that the charge sheet reveals that only 11 independent persons were cited as witnesses and from their statements by no means it can be transpired that those persons have paid any money. So, it can only, at best, be considered as vague allegation which has no legs to stand.

7. Before parting with, Mr. Moitra has added that both the parties have amicably settled the dispute and the opposite party no. 2 has no intention to proceed with the matter any further. Therefore, no useful purpose would be served by keeping the said proceedings pending any further.

8. In support of his contention, Mr. Moitra has taken assistance of a few cases which are as follows:-

N.S. Madhanagopal & Anr. Vs. K. Lalitha reported in 2023 (1) AICLR 140 (S.C.)

J. Th. Zwart & Ors vs. Indrani Mukherjee reported in 1989 SCC OnLine Cal 289

Arulvelu & Anr. Vs. State & Anr. reported in 2010 CRI.L.J. 433

Sujit Biswas vs. State of Assam reported in 2013 CRI.L. J. 3140

Neelu Chopra & Anr. vs. Bharti reported in (2010) 1 C Cr LR (SC) 256

Lalita Kumari vs. Government of Uttar Pradesh and others reported in (2014) 2 Supreme Court Cases 1

Kishan Singh (Dead) through Lrs. vs.Gurpal Singh and others reported in (2010) 8 Supreme Court