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2025 DAILYLAW 41787 (CAL)

VIRAL RASHMINBHAI SONI v. STATE OF WEST BENGAL AND ANR

CRR/3997/2024 · 2025-02-26

Joymalya Bagchi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

26.02.2025 ss/ct 28 C.R.R. 3997 of 2024 sl no.4 CRAN 1 of 2025 In Re : An application under Section 528 of the Bharatiya Nagarik Suraksha Samhita, 2023. And In Re : Viral Rashminbhai ……. Petitioner Mr. Vipul Kundalia, Sr. Adv. Ms. Uneaza Ali … for the petitioner Ms. Pritha Paul … for the State Mr. Pinak Kumar Mitra Ms. Subhanwita Ghosh … for the opposite party no.2 1. Petitioner submits that the allegations in the impugned F.I.R. relate to copying of personal and professional photographs uploaded in her facebook profile page and that of her followers. 2. The nature of the allegations are personal and private and do not involve any public interest. 3. De facto complainant has submitted a joint prayer for quashing of the proceeding. 4. Though the offences are not compoundable, the allegations in the charge-sheet portrayed a private dispute, which fall in the category of cases prescribed in Gian Singh versus State of Punjab and another1, where the Court may in exercise of inherent jurisdiction quash the proceeding on compromise. 1 (2012) 10 SCC 303 2 5. Learned lawyer for the State submits report showing investigating agency is unaware of any amicable settlement. 6. Be that as it may, joint petition being CRAN 1 of 2025 has been filed by the petitioner and opposite party no.2 which clearly shows her unwillingness to proceed with the case. 7. Accordingly, I am of the opinion no worthwhile purpose would be served to continue with the impugned proceeding. 8. Accordingly, the proceeding being GR(S)/1896/2015 is quashed. 9. The petition being CRR 3997 of 2024 along with CRAN 1 of 2025 is disposed of. (Joymalya Bagchi, J.)