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2026 DAILYLAW 38536 (CAL)

NEHA GHATAK AND ANR v. STATE OF WEST BENGAL AND ANR

CRR/3441/2026 · 2026-08-27

Kausik Chanda

body2026

Judgment text

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27.08.2026 Item no.29. Ct. No.237 Suman C.R.R. 3441 of 2026 With CRAN 1 of 2026 Ms. Neha Ghatak & Anr. Vs. The State of West Bengal and Anr. Mr. Younus Sultan Mr. Vignesh Arun Prakash ……for the petitioner Mr. Anirban Dutta Mr. Abhra Jena Mr. S. Khara …for the respondent Mr. Kallol Mondal, ld. P.P. Mr. Subir Ganguly Mr. Sandeep Prasad Shaw ..for the State Let the report filed by the State be kept with the records. This is an application for quashing and setting aside of the investigation and/or proceedings in connection with Serampore Police Case No.193 of 2025 dated 09.04.2025 under Sections 340(1)/340(2)/356(2)/351(2) and 61(2) of the Bbaratiya Nyaya Sanhita, 2023 arising out of Eco Park Police Station Case No.223 of 2024 dated 11.10.2024 under Sections 336(3)/336(4)/340(1)/340(2)/356(2)/351(2)/61(2) of Bharatiya Nyaya Sanhita, 2023 corresponding to Charge Sheet No.4 of 2026 dated 12.01.2026 under Sections 340(1)/340(2)/356(2)/351(2)/and 61(2) of the Bharatiya Nyaya Sanhita, 2023 in G.R. Case No.837 of 2025 presently pending before the learned Additional Chief Judicial Magistrate at Serampore, Hooghly. 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 proceedings in connection with Serampore Police Case No.193 of 2025 dated 09.04.2025 under Sections 340(1)/340(2)/356(2)/351(2) and 61(2) arising out of Eco Park Police Station Case No.223 of 2024 dated 11.10.2024 under Sections 336(3)/336(4)/340(1)/340(2)/356(2)/351(2)/61(2) of Bharatiya Nyaya Sanhita, 2023 corresponding to Charge Sheet No.4 of 2026 dated 12.01.2026 under Sections 340(1)/340(2)/356(2)/351(2)/and 61(2) of the Bharatiya Nyaya Sanhita, 2023 in G.R. Case No.837 of 2025 presently pending before 2 the learned Additional Chief Judicial Magistrate at Serampore, Hooghly stands quashed in terms of the compromise recorded in CRAN 1 of 2026. Consequently, C.R.R. 3441 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