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2026 DAILYLAW 36655 (CAL)

BANABIHARI BERA AND ANR v. STATE OF WEST BENGAL AND ANR

CRR/3275/2026 · 2026-08-24

Kausik Chanda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.08.2026 Item no. 21 Ct. No.237 Suman C.R.R. 3275 of 2026 With CRAN 1 of 2026 Banabihari Bera and anr. Vs. The State of West Bengal and Anr. Mr. Siddhartha Sarkar ……for the petitioners Mr. Subir Ganguly Mr. Sandeep Prasad Shaw ..for the State Mr. Sourav Gupta ..for the de facto complainant This an application for quashing the entire proceeding being G.R. Case No.435 of 2021 together with the Charge Sheet being Charge Sheet No.122 of 2021 dated 31.05.2021 under Sections 341, 326, 511, 307, 506, 509, 294 & 34 of the Indian Penal Code, 1860 arising out of Mohanpur Police Station Case No.144 of 2021 dated 22.05.2021 under Sections 341, 326, 511, 307, 506, 509, 294 & 34 of the Indian Penal Code, 1860 now pending before the Court of the learned Additional Chief Judicial Magistrate at Datan, Paschim Medinipur. This Court is satisfied that there is no material on record to justify incorporation of Section 307 of the Indian Penal Code in the charge sheet. 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, the entire proceeding being G.R. Case No.435 of 2021 together with the Charge Sheet being Charge Sheet No.122 of 2021 dated 31.05.2021 under Sections 341, 326, 511, 307, 506, 509, 294 & 34 of the Indian Penal Code, 1860 arising out of Mohanpur Police Station Case No.144 of 2021 dated 22.05.2021 under Sections 341, 326, 511, 307, 506, 509, 294 & 34 of the Indian Penal Code, 1860 now pending before the Court of the learned Additional Chief Judicial Magistrate at Datan, Paschim Medinipur stands quashed in terms of the compromise recorded in CRAN 1 of 2026. 2 Consequently, C.R.R. 3275 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.) 3