Chittaranjan Jana Vs State of West Bengal and Anr.

In this application the petitioner has prayed for quashment of the proceeding being Khejuri P.S. Case No.174 of 2025 corresponding to G.R. Case No.782 of 2025 presently pending before learned Additional Chief Judicial Magistrate, Contai.

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Being aggrieved by the aforesaid proceeding, learned Counsel for the petitioner submits that on perusal of the written complaint it is clear that the petitioner has been unlawfully tagged in a case, the edifice and foundational premise of which is a family dispute. The letter of complaint, standing in isolation, fails to discharge the prima facie threshold for the sections invoked. However, during pendency of the instant proceeding, at the intervention of the friends, family members and well-wishers of the parties, the entire

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dispute giving rise to the alleged cause of action behind the institution of the present proceeding has been amicably settled by and between the petitioner and the de facto complainant, i.e. the opposite party no.2.

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In view of such amicable settlement, the opposite party no.2 has decided not to proceed further with the said criminal proceeding.

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Learned Counsel for the petitioner, therefore, submits that further continuance of the impugned proceeding would be mere abuse of the process of the Court.

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Learned Counsel appearing on behalf of the opposite party no.2 submits on instruction that opposite party no.2 has decided not to support the imputation levelled against the petitioner during trial and she does not want to proceed further with the said criminal proceeding, and, therefore, learned Counsel for opposite party no.2 also prays for quashment of the impugned proceeding.

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Learned Counsel appearing on behalf of the State placed one report along with the statement of de facto complainant which discloses that the de facto complainant has amicably settled the dispute with the petitioner and her in laws, and, as such, she has stated that she does not want to proceed further with the criminal proceeding.

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Having heard learned Counsel for the petitioner and both the opposite parties, it appears that the parties have amicably settled their dispute and I am informed that the de facto complainant at present is residing at her matrimonial house along with the

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petitioner, and, as such, if the prayer for quashment made by both the petitioner as well as the opposite party no.2 is refused only on the ground that the offence is not compoundable, it may become counter-productive. Therefore, in the interest of future peaceful coexistence of the parties, I find that this is a fit case where the proceeding is liable to be quashed invoking this Court’s jurisdiction under Section 528 of the BNSS.

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In view of above, CRR 1238 of 2026 along with CRAN 1 of 2026 are allowed.

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The impugned proceeding being G.R. Case No.782 of 2025 arising out of Khejuri P.S. Case No.174 of 2025, presently pending before learned Additional Chief Judicial Magistrate, Contai is hereby quashed.

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Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

Chittaranjan Jana v. State of West Bengal and Anr.

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Chittaranjan Jana v. State of West Bengal and Anr.

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