8.7.2026 9 sb CRR 800 of 2026 with CRAN 1 of 2026 XXX Vs. The State of West Bengal & Anr. Ms. Manaswita Mukherjee Ms. Champa Pal … for the petitioner Mr. Soham Saha … for the O.P. no. 2 Mr. Kallol Mondal, Ld. PP Mr. Subir Ganguly Mr. Neel Chakraborty …for the State In this application, the petitioner has prayed for quashing of the proceeding being A.C.G.R. case no. 5737 of 2025 under Section 69 of the BNS, presently pending before the learned Additional Chief Judicial Magistrate, Alipore. Being aggrieved by the aforesaid proceeding, learned counsel for the petitioner submits that the petitioner and the opposite party no. 2 became acquainted with each other during college in the year 2022. Such acquaintance developed into a friendship and then a love affair developed between the two. It is alleged in the complaint that the petitioner promised to marry her and then on different instances came to her house and they had entered into sexual intercourse on various occasions. On 21.5.2025, the petitioner and the opposite party no. 2 had made sexual relations at the house of the opposite party no. 2. Thereafter, in the month of June, 2025, the opposite party no. 2 came to know that she is carrying, which she informed to the petitioner. However, after learning about 2 pregnancy of the opposite party no. 2, the petitioner herein allegedly stopped keeping any relation with the victim and thereby refused to marry her. On the basis of such allegation, the instant proceeding has been initiated under Section 69 of the BNS against the petitioner and after completion of investigation, the police has submitted charge-sheet under the aforesaid section. However, during pendency of the aforesaid proceeding, with the intervention of the friends, family members and well-wishers, the entire dispute giving rise to the purported cause of action behind the initiation of the instant proceeding being Golf Green Police Station case no. 125 of 2025 dated 18.9.2025 has been amicably settled between the petitioner on the one hand and the opposite party no. 2 on the other hand. Thereafter, the parties have married each other on 4th November, 2025 under the Mohemmedan rites and customs and their marriage has been registered vide Nikha Nama on 4.11.2025 and the parties are also blessed with a baby, who was born on 19.2.2026. He further submits that presently after marriage, they are living peacefully together as husband and wife and in view of the amicable settlement, the opposite party no. 2 has also decided not to continue with the said criminal proceeding and has decided not to support the imputations levelled in the petition of complaint. Learned counsel for the opposite party no. 2 on instruction submits that the matter has been amicably 3 settled and the opposite party no. 2 has expressed her intention not to continue with the prosecution of the proceeding impugned, which had been initiated at her instance. Therefore, learned counsel for the opposite party no. 2 submits that further continuance of the proceeding would be futile exercise and there exists bleak possibility of arriving at a conviction order in view of the fact that the complainant will not support the imputations levelled in the complaint and therefore, continuance of the impugned proceeding any further, would lead to wastage of precious time of the court and as such, he also prayed for quashing of the impugned proceeding. Learned counsel for the State places a report dated 8.7.2026 issued by Patuli Women Police Station, which discloses that the complainant came to the police station and submitted a letter to the Officer-in-charge, Patuli Women Police Station regarding amicable settlement between the parties, stating that they are now residing peacefully as husband and wife. The complainant also expressed before the police that she wants to withdraw all the charges against her husband. A copy of the alleged statement dated 7.7.2026 is also annexed with the report. Therefore, learned counsel for the State leaves the prayer of the petitioner and the opposite party no. 2 upon the discretion of the court. I have also gone through the materials in the case diary, which hardly constitute the offence as alleged. 4 Having heard learned counsel appearing on behalf of all the parties, it appears that the parties are residing at present peacefully as husband and wife and they are also blessed with a baby. It is no doubt true that the offence under Section 69 of the BNS is a non-compoundable and serious offence. However, in view of the amicable settlement arrived at by and between the parties and that the complainant/opposite party herein has decided not to support the imputations levelled in the complaint, I find that the chance of conviction at the end of trial is bleak and if the prayer made by the petitioner and the defacto- complainant for quashment is disallowed merely on the ground that Section 69 of the BNS is non-compoundable and serious offence, it may become counter productive. Considering the fact that both the parties have prayed for quashment in the interest of their peaceful co-existence, I find that this is a fit case where the proceeding is to be quashed invoking this court’s jurisdiction under Section 482 of the Code of Criminal Procedure read with Section 528 of the BNSS to secure the ends of justice. In view of above, CRR 800 of 2026 along with CRAN 1 of 2026 are allowed. The impugned proceeding being A.C.G.R. case no. 5737 of 2025 under Section 69 of the BNS arising out of Golf Green Police Station case no. 125 of 2025 dated 18.9.2025, presently pending before the learned Additional Chief Judicial Magistrate, Alipore is hereby quashed. 5 Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)