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2026 DAILYLAW 40225 (CAL)

SHILPI MODI AND ANR. v. THE STATE OF WEST BENGAL AND ANR

CRR/6/2026 · 2026-09-10

Kausik Chanda

body2026

Judgment text

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04. 10.09.2026. Court No.237. (Pritam) CRR 6 of 2026 with CRAN 3 of 2026 with CRAN 4 of 2026. Shilpi Modi & Anr. -Vs.- State of West Bengal & Anr. Mr. Sourav Chatterjee, Sr. Adv., Mr. Dipanjan Dutta, Mr. Ayan Poddar. …for the petitioners. Mr. Kallol Mondal, Ld. PP., Mr. Subir Ganguly. ......for the State. Mr. Sounak Mondal. .......for the op no.2. This revisional application has been filed seeking quashing of proceedings being G.R. Case No.1328 of 2025 pending before the learned Additional Chief Judicial Magistrate, Calcutta arising out of Posta Police Station Case No.148 of 2025 dated 11.12.2025 under Sections 316(2)(4)/314/318(4)/336(2)/340(2)/61(2) of the Bharatiya Nyaya Sanhita, 2023. 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 3 of 2026. 2 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, G.R. Case No.1328 of 2025 pending before the learned Additional Chief Judicial Magistrate, Calcutta arising out of Posta Police Station Case No.148 of 2025 dated 11.12.2025 under Sections 316(2)(4)/314/318(4)/336(2)/340(2)/61(2) of the Bharatiya Nyaya Sanhita, 2023 stands quashed in terms of the compromise recorded in CRAN 3 of 2026. Consequently, C.R.R. 06 of 2026 along with CRAN 3 of 2026 and CRAN 4 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.)