XXX-1 Vs State of West Bengal and Anr. — Matrimonial and Divorce | Calcutta HC (2026)

XXX-1 Vs State of West Bengal and Anr. — Matrimonial and Divorce | Calcutta HC (2026)

20.07.2026 Sl. No.14. D/L. Mithun. Ct.No.29.

CRR/4368/2025 with IA No: CRAN 1 of 2025

XXX Vs. The State of West Bengal & Anr.

Ms. Malabika Roy Dey, Mr. Uttiya Ray, Mr. Atish Santra

…for the petitioner

Mr. Abdus Salam

…for opposite party no.2

Mr. Imran Siddiqui

…for the State

Report submitted by Inspector-in-Charge, New Town Police Station, BDNPC dated 10.07.2026 is taken record.

In this application the petitioner has prayed for quashment of New Town Police Station Case No.105 of 2023 being G.R. No.824 of 2023 initiated under Sections 376/417/313/323/406/506/34 of the Indian Penal Code presently pending before learned 4^th Additional District Judge, Barasat.

Being aggrieved by the aforesaid provision, learned Counsel for the petitioner submits that the opposite party no.2 is the relative of the aunt of the petitioner herein and a relationship between them developed and they decided to reside together at New Town and the relationship was practically a live-in-relationship. However, the allegation made in the complain was that the petitioner always assured the instant opposite party no.2 that he will marry the petitioner. Thereafter, the opposite party no.2 and

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the petitioner shifted to another place where they resided for about 9 months and during the said period, the opposite party no.2 had allegedly requested the petitioner for marriage on several occasions but the marriage did not take place though they continued to live together. Thereafter on and from December, 2020, some differences cropped up between the parties and the opposite party no.2 conceived twice but decided to abort the child on both the occasions since the marriage had not taken place. Such live-inrelationship was continuing till February, 2023.

Petitioner submits that all on a sudden to the utter surprise of the petitioner, the opposite party no.2 herein on mere apprehension, lodged the instant FIR against the petitioner herein on 12,04.2023 and after completion of investigation, police has also submitted charge sheet against the petitioner and other accused persons under Sections 376/417/313/323/406/506/34 IPC. However, the petitioner and the opposite party no.2 thereafter got their marriage registered on 19.06.2023 in the presence of three witnesses and since then the petitioner and opposite party no.2 started to lead a family life and are living as husband and wife till date.

At this juncture learned Counsel appearing on behalf of the petitioner and opposite party no.2 submits that since the petitioner and the opposite party no.2 are now leading a happy married life, the opposite party no.2 has no further grievance against the petitioner.

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Both petitioner and opposite party no.2 are also physically present today before the Court and identified by their respective counsel.

In view of amicable settlement arrived at by and between the parties and since the opposite party no.2 has no grievance at present against the petitioner who are living as husband and wife, she submits that she wants to withdraw the complaint and she has decided not to adduce any evidence in support of the imputations levelled in the complaint.

Learned Counsel appearing on behalf of the State placed a report sent by Inspector-in-Charge, New Town Police Station dated 10.07.2026 along with copy of marriage certificate of the petitioner and the opposite party which discloses that “ subsequent to the submission of the charge-sheet, the de facto complainant and the petitioner has amicably settled their dispute and have solemnized their marriage with each other. The de facto complainant/opposite party no.2 in her statement has categorically stated that the dispute had been mutually resolved and she is presently residing with the petitioner herein as his legally wedded wife and that she has no further grievance or allegation against any of the accused persons. She further expressed that she has no objection if the criminal proceeding is quashed.”

I have also gone through the materials available in the Case Diary.

Having heard learned Counsel for the petitioner and the opposite party no.2, it appears to me that the opposite party no.2

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who is present today in the Court room has decided not to support the imputation levelled against the accused persons in view of amicable settlement arrived at by and between the parties and also in view of the fact that at present she and the petitioner is peacefully leading their matrimonial life. Therefore, chance of conviction of the accused persons including the petitioner herein is bleak even if the proceeding is allowed to continue. Furthermore, both the petitioner/husband and the opposite party/wife have prayed for quashment of the proceeding and, in such circumstances, if such prayer is refused only on the ground that some of the sections are non-compoundable, it may become counter-productive. Therefore, in the interest of their future peaceful mutual co-existence, I find that this is a fit case where the proceeding is required to be quashed to secure the ends of justice invoking this Court’s jurisdiction under Section 482 of the Cr.P.C.

CRR 4368 of 2025 is allowed.

As the sequel, the impugned proceeding being S.C. No.39 of 2024, presently pending before learned 4^th Additional District Judge, Barasat corresponding to G.R. Case No.824 of 2023 in connection with New Town Police Station Case No.105 of 2023 stands quashed.

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