25.09.2025 Ct. No.446 SL. No.2 PG CRR 1109 of 2020 with IA No. CRAN 1 of 2020 (Old No. CRAN 3977 of 2020) with IA No. CRAN 2 of 2020 With IA No. CRAN 4 of 2025 County Developers Pvt. Ltd. (CDPL) & Anr. vs. The State of West Bengal & Anr. Mr. Rakesh Kumar Singh Mr. D.K. Singh Ms. Saptamita Pramanick Ms. Palak Sharma…………..for the petitioners Mr. Ranabir Roy Chowdhury Mr. Saryati Datta Mr. Mainak Gupta………….for the State Mr. Anirban Dutta Mr. Soumadeep Banerjee Ms. Sanjana Sinha …. … for the opposite party no. 2 In Re.:- IA No. CRAN 4 of 2025 1. This application has been filed by both the petitioners and the opposite parties jointly for closing the present pending FIR/Charge and all proceedings arising from the said FIR, as prayed in this joint application in the pending C.R.R. 1109 of 2020 in terms of the Memorandum of Settlement dated 28.10.2024 executed between the accused company/petitioners/applicants and the respondent no. 2, complainant company. 2. Initially one application was filed under section 482 of the Code of Criminal Procedure , 1973 for quashing of Jhalda P.S. Case No. 30of 2 2020 dated 02.03.2020 under sections 342/403/406/420 of the Indian Penal Code by the petitioners/company. The petitioner no. 2 is the Director and Operational Head of the petitioner no. 1 company. 3. The allegation levelled against the present petitioners by virtue of filing the criminal case was that the petitioner no.1 had executed a MOU dated 28.01.2020 being a selling company County Developers Private Limited (CDPL) and the opposite party no. 2 /Samarth Ad Protex Pvt. Ltd. (SAPL) is a purchasing company for sale and purchase of goods/materials/machinery part as per terms and conditions stipulated therein but the opposite party no. 2 did not paid the outstanding amount nor collected the complete goods and left the goods in the middle between 27.02.2020 to 02.03.2020 and in order to avoid civil liability, lodged the criminal complaint on 2.03.2020 and accordingly, the case started. 4. The petitioners filed this revisional application before this Court to quash the FIR on the ground, inter alia, that lodging such criminal complaint against the petitioners in the light of the allegations therein, under the facts and circumstances, was absolutely false and frivolous and if allowed to be continued, would amount to abuse of process of law. 5. During the pendency of the proceeding, both the parties have entered into a compromise and accordingly, jointly filed this application with the Memorandum of Understanding dated 28.01.2020, which contains several terms and conditions. It is signed by the authorized signatories of both the joint applicant no.1 and 3 as well as by the constituted attorney, Abhinav Singh and also signed by the Director Operational Head of County Developers Pvt. Ltd. being joint applicant no.2. It is 3 mentioned in the said joint application that on the basis that MoU arrived at between the parties, the further proceeding which was pending before the High Court at Delhi has been withdrawn and the fact is reflected in paragraph 9 of the said joint application. 6. It is further mentioned that two other proceedings have been withdrawn, as filed under Section 138 of N.I. Act. Order of such withdrawal is also annexed with this joint application. 7. While taking up the matter, both the learned advocates have expressed their willingness and the matter has been settled. 8. In that view of the matter, a report was called for from the State/opposite party and a photocopy of the report has been submitted before this Court by the I.C. Jhalda P.S., Purulia addressing the learned Public Prosecutor, which has been submitted before this Court with the understanding the original to be filed before this Court. 9. Pursuant to the information it was mentioned that the matter will be settled amicably including the issue regarding the quashing of F.I.R. as well as the trial procedure of the case by the I.O. 10. Learned advocate representing the parties also relied upon a decision passed by the Hon’ble Supreme Court in K. Bharthi Devi & Anr. Vs. State of Telangana & Anr. reported in (2024) 10 SCC 384 whereby it was also observed by the Hon’ble Supreme Court in paragraph 31 “It could thus be seen that this Court reiterates the position that the criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.” In the instant case the nature of complaint lodged primarily disclosed the allegation which 4 may be civil in nature as the parties on earlier occasion also executed a MoU but there was a violation of the terms of such MoU. Since a further MoU has been executed, at present the Court is not entering into the merits of the case. 11. Having heard both the learned advocates appearing for the parties and on going through the materials on record and the MoU that has been entered into between the parties coupled with the report submitted by the I.C. Jhalda P.S., Purulia and no objection from the side of the Prosecution, this Court is also of the view that there is no reason to keep the matter pending when both the parties have agreed and entered into the settlement and jointly filed this application before this Court and if this Court refused to accept the settlement and allowed the proceeding to be continued, no fruitful purpose would be served. 12. Accordingly, the joint application filed before this Court is hereby accepted and I.A. No. CRAN 4 of 2025 stands disposed of. 13. In view of the disposal of I.A. No. CRAN 4 of 2025 nothing remains in the revisional application being, C.R.R. 1109 of 2020 for adjudication and the same also stands disposed of alongwith other connected application (IA No. CRAN 2 of 2020) and accordingly the proceeding pending before the learned Court is hereby quashed. 14. Let a copy of this order be forward to the learned Trial Court for information and necessary steps. 15. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (Chaitali Chatterjee (Das), J.)