Asish Dey @ Ashis Dey Vs the State of West Bengal and Anr. — Calcutta HC (2026) — LawSathi Research

Asish Dey @ Ashis Dey Vs the State of West Bengal and Anr. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with a direction to the court below to conclude charge hearing on 19.8.2026 or preferably within 30 days thereafter; petitioner given liberty to agitate all points at the charge hearing before the trial court. The quashing prayer itself was not allowed at this stage.

Issue for consideration

Whether the continuing proceeding in B.G.R. case no. 2738 of 2025 should be quashed on the ground that the parties have amicably settled the dispute outside court and the defacto-complainant has decided not to support the imputations in the complaint, making further continuance an abuse of process, notwithstanding the State's objection that the offence is non-compoundable and incriminating case-diary materials exist.

Court's answer

The court disposed of CRR 282 of 2026 along with CRAN 1 of 2026, considering the submissions of all parties and the case-diary materials, and directed the court below to conclude the charge hearing on the next date fixed, i.e. 19.8.2026, or preferably within a period of 30 days thereafter; the quashing prayer was not acceded to at this stage.

Ratio / Principle

The petitioner was given liberty to agitate all the points raised in the application, including the settlement-based quashing contentions, at the time of charge hearing before the trial court.

Detailed headnote1 paragraphs

Criminal revision (CRR 282 of 2026, with CRAN 1 of 2026) by the accused in B.G.R. case no. 2738 of 2025 (pending before the Additional Chief Judicial Magistrate, Alipore) seeking quashing of the proceeding. The complaint (lodged 2.6.2025) alleged sexual intercourse on a promise of marriage from 2021 followed by refusal to marry; charge-sheet was filed after investigation. Counsel reported an amicable out-of-court settlement and that the defacto-complainant would not support the imputations, urging that continuation would amount to abuse of process; the State objected that the offence is non-compoundable and that incriminating case-diary materials exist. The court declined to quash at this stage and instead disposed of the application, directing the court below to conclude charge hearing on 19.8.2026 or preferably within 30 days thereafter, while granting the petitioner liberty to agitate all points raised herein at the charge hearing before the trial court.

13.7.2026 3 sb

CRR 282 of 2026 with CRAN 1 of 2026

Asish Dey @ Ashis Dey Vs. The State of West Bengal & Anr.

Mr. Mrityunjoy Chatterjee, Mr. Arka Roy

…for the petitioner

Ms. Barnali Gupta

…for opposite party no.2

Mr. Kallol Mondal, Ld.P.P., Mr. Imran Siddiqui

…for the State

In this application, the petitioner has prayed for quashing of the impugned proceeding being B.G.R. case no. 2738 of 2025, presently pending before the learned Additional Chief Judicial Magistrate, Alipore.

Being aggrieved by the aforesaid proceeding, learned counsel for the petitioner submits that on 2.6.2025, the defacto-complainant lodged a complaint against the petitioner inter alia alleging that in the year 2021, the defacto-complainant introduced to the accused through matrimonial site and after that intimacy developed amaong themselves and on the giving promise to marry, the accused person made sexual intercourse with the defacto-complainant on several occasions. Thereafter, the petitioner refused to marry her. After completion of investigation, police submitted charge-sheet against the petitioner.

Being aggrieved by and dissatisfied with the continuance of the proceeding, learned counsel for the petitioner submits that they have

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amicably settled their dispute outside court and to that extent, they have filed connected application being CRAN 1 of 2026. He further submits that the defacto-complainant has decided not to support the imputations levelled in the complaint and therefore, further continuance of the impugned proceeding would be nothing but a mere abuse of process of the court and therefore, he prayed for quashing of the impugned proceeding.

Learned counsel for the opposite party no. 2 submits that it is true that the matter has been amicably settled between the parties. However, she leaves the prayer made by the petitioner to the discretion of the court.

Learned counsel for the State raised objection contending that the offence is non-compoundable and there are several incriminating materials in the case diary against the petitioner and even if the parties have amicably settled their dispute, still this is not a fit case for quashing of the proceeding and the petitioner should face the trial.

Having considered the submissions made on behalf of all the parties and having considered the materials available in the case diary, the instant application being CRR 282 of 2026 along with CRAN 1 of 2026 are hereby disposed of with a direction upon the court below to conclude charge hearing on the next date i.e. on 19.8.2026 or preferably within a period of 30 days thereafter.

The petitioner is hereby given liberty to agitate all the points mentioned herein at the time of charge hearing before the Trial court.

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Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities.

( Dr. Ajoy Kumar Mukherjee, J. )