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2026 DAILYLAW 33477 (CAL)

SAMIRAN GAIN AND OTHERS v. STATE OF WEST BENGAL AND ANR

CRR/2284/2026 · 2026-08-13

Kausik Chanda

body2026

Judgment text

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13.08.2026 Item no. 08 Ct. No.237 Suman C.R.R. 2284 of 2026 With CRAN 1 of 2026 Samiran Gain and Others Vs. The State of West Bengal and Anr. Mr. Debapriya Majumder ……for the petitioners Mr. Subir Ganguly Mr. Sandeep Prasad Shaw ..for the State Ms. Manasi Roy ..for the de facto complainant This present application has been filed seeking quashing of G. R. Case No.3353 of 2026 arising out of Hatishala Police Station Case No.89 of 2026 dated 05.05.2026 under Sections 126(2)/115(2)/118(1)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 pending before the Court of the learned Additional Chief Judicial Magistrate at Baruipur, South 24 Parganas. It appears that the disputes between the parties have since been amicably resolved. In this regard, the parties have jointly filed a petition of compromise before this Court, being CRAN 1 of 2026. Upon consideration of the materials on record, this Court is of the view that the dispute between the parties is essentially private 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, G. R. Case No.3353 of 2026 arising out of Hatishala Police Station Case No.89 of 2026 dated 05.05.2026 under Sections 126(2)/115(2)/118(1)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 pending before the Court of the learned Additional Chief Judicial Magistrate, South 24 Parganas at Baruipur stands quashed in terms of the compromise recorded in CRAN 1 of 2026. Consequently, C.R.R. 2284 of 2026, along with CRAN 1 of 2026, stands 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.) 2