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2026 DAILYLAW 28311 (CAL)

KARTIK CHOUDHARY AND OTHERS v. STATE OF WEST BENGAL AND ANR

CRR/5050/2025 · 2026-07-15

Kausik Chanda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

15.07.2026 Sl. 7 AMR Ct.No. 237 CRR 5050 of 2025 with IA No.: CRAN/2/2026 Kartik Choudhary & Ors. Vs. The State of West Bengal & Anr. Mr. Probal Kumar Mukherjee, Sr. Adv. (via V.C) Mr. Arnab Mukherjee Mrs. Madhurima Mukherjee Mr. Aniket Bhowmik … for the Petitioners Mr. Galib Kabir Mrs. Sumana Sinha …for the O.P. No. 2 Mr. Subir Ganguly Mr. Sandeep Prasad Shaw …for the State This present criminal case being Technocity P.S. Case No. 0161 dated 04.11.2025 under Sections 316(2)/318(4)/61(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 has been instituted based on a complaint lodged by the O.P. No. 2 for quashing the said proceedings. It appears that the disputes between the parties have since been amicably resolved. In this regard, the parties have jointly filed a petition for compromise before this Court, being CRAN 2 of 2026. 2 The report submitted before this Court by the investigating agency also corroborates the aforesaid position. Upon consideration of the materials on record, this Court is of the view that the dispute between the parties is essentially commercial in nature and that a valid compromise has already been arrived at between them. In such circumstances, the continuation of the criminal proceedings would amount to an abuse of the process of law. Having regard to the principles laid down by the Hon’ble Supreme Court reported at (2012) 10 SCC 303 (Gian Singh v. State of Punjab), this Court is inclined to exercise its inherent jurisdiction to quash the present proceedings in the interest of justice. Accordingly, Technocity P.S. Case No. 0161 dated 04.11.2025 under Sections 316(2)/318(4)/61(2) of the Bharatiya Nyaya Sanhita, 2023, presently pending before the Court of the learned Chief Judicial Magistrate, Barasat, having G.R. Case No. 3870 of 2025, stands quashed in terms of the compromise recorded in CRAN 2 of 2026. Consequently, CRR 5050 of 2025 along with CRAN 2 of 2026 stand disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Kausik Chanda, J.)