RAJIV BASU ROY @ CHANKA AND OTHERS v. STATE OF WEST BENGAL AND ANR
CRR/3361/2026 · 2026-08-19
Kausik Chanda
body2026
DailyLaw.ai
[ 2026 DAILYLAW 34054 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 34054 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
19.08.2026 Item no. 24 Ct. No.237 AKG
C.R.R. 3361 of 2026 With CRAN 1of 2026 Rajiv Basu Roy @ Chanka & Ors. Vs. The State of West Bengal & Anr. Mr. Milon Mukherjee, Sr. Adv Mr. Biswajit Manna, Mr. Rahul Ganguly …for the Petitioners
Mr. Kallol Mondal, Ld. P. P. Mr. Subir Ganguly, Mr. Sandeep Prasad Shaw …for the State Mr. Sabyasachi Banerjee, Sr. Adv Ms. Disha Ghosh …for the Defacto Complainant
This revisional application has been filed seeking quashing of the proceedings in Sessions Case No. 186 of 2022, arising out of Dadpur Police Station Case No. 173/2021 dated 29.10.2021, under Sections 447/323/384/506/34 of the Indian Penal Code, pending before the Court of the learned Additional Sessions Judge-cum-Judge, Special Court, Hooghly. The said case was registered for investigation on the basis of a complaint lodged by opposite party no. 2 with the Officer-in- Charge, Dadpur Police Station, alleging commission of offences by the petitioners punishable under Sections 447/323/379/364A/384/506/34 of the Indian Penal Code. Upon completion of the purported investigation, the investigating agency submitted its report in final form by way of Charge Sheet
2 No. 27/2022 dated 22.02.2022 under Sections 447/323/379/364A/384/506/34 of the Indian Penal Code. After commitment of the case, petitioner no. 1 filed an application for discharge before the Court of the learned Sessions Judge, Hooghly. Upon hearing the parties and considering the materials on record, the learned Sessions Judge, by order dated 23.07.2026, was pleased to observe that the materials collected during the investigation did not disclose the commission of offences punishable under Sections 364A and 379 of the Indian Penal Code against the petitioners. However, the learned Sessions Judge found that a case for trial under Sections 447/323/384/506/34 of the Indian Penal Code had been made out and, accordingly, declined to discharge the petitioners in respect of the said offences. 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, 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.
3 State of Punjab), this Court is inclined to exercise its inherent jurisdiction to quash the present proceedings in the interest of justice. Accordingly, Sessions Case No. 186 of 2022, under Sections 447/323/384/506/34 of the Indian Penal Code, arising out of Dadpur Police Station Case No. 173/2021 dated 29.10.2021, pending before the Court of the learned Additional Sessions Judge-cum-Judge, Special Court, Hooghly, stands quashed in terms of the compromise recorded in CRAN 1 of 2026. In view of the order passed by this Court, the petitioners shall stand discharged from the bail bonds executed by them before the learned Magistrate in the Court below. Accordingly, CRR 3361 of 2026, along with CRAN 1 of 2026, is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. (Kausik Chanda, J.)