Sarah Ansar And ORS. v. State Of West Bengal And ANR

29.06.2026 Serial no. 22 [Srimanta] Ct. No. - 29 IA NO: CRAN/1/2026 in CRR 1193 of 2026 In re : An Application under Section 528 of the Bharatiya Nagarik Sureaksha Sanhita, 2023 -AndIn the matter of : SARAH ANSAR AND ORS.

... ... Petitioners Mr. Sk. Md. Wasim Akram, Advocate ... ... For the Petitioners.

Mr. Somnath Adhikary, Advocate ......For the State.

Mr. Abu Zar Ali, ......For the Opposite party No. 2.

1. This application is detagged from the application being CRR/1191/2026.

2. In this application, the allegation against the petitioners in connection with Karaya Police Station Case No. 281 dated 08.12.2024 is that on 07.12.2024 at about 16:00 hours the FIR named accused persons being the wife and other inlaws of her younger brother on the issue of previous conjugal dispute of her brother with the accused wife, namely, Sarah Ansar visited the residence of the complainant at 6D/2, Tiljala Shibtala Lane, Kolkata - 700 039, wherein the FIR named accused persons insulted the complainant by using filthy languages upon the complainant and tried to extort money to the tune of Rs.11,00,000/- and

on refusal to make such payment, she was physically assaulted and was threatened with dire consequences.

3. However, during continuance of the said proceeding, the de facto complainant and the petitioners have made amicable settlement and to that extent they have filed one connected application being CRAN/1/2026.

4. Learned Counsel appearing on behalf of the opposite party no. 2, on instruction, submits that the opposite party no. 2/de facto complainant has entered into a mutual compromise with the petitioners and in view of such settlement she does not wish to pursue the matter any further. To that extent, she has already made statement before the Police.

5. Learned Counsel appearing on behalf of the State relying upon the statement made by de facto complainant, Ms. Nazia Nikhat dated 23.06.2026 submits that the parties have amicably settled their dispute voluntarily and the de facto complainant has expressed her unwillingness to proceed any further with the present criminal complaint.

6. Having heard learned Counsel for the petitioners and both the opposite parties, it appears that the de facto complainant has decided not to support the imputations leveled against the petitioners during trial and as such there is hardly any chance of conviction at the end of trial.

7. When the parties have amicably settled their dispute which is private and matrimonial in nature, if the prayer for quashment of the proceeding made by both the parties is refused only on the ground that some of the Sections are not compoundable that may become counter-productive. Therefore, in the interest of their future peaceful coexistence, I find that this is a fit case for invoking this Court's jurisdiction under Section 528 of the BNSS and as such the proceeding is liable to be quashed.

8. In view of the above, CRR/1193/2026 is allowed.

9. The impugned proceeding being Karaya Police Station Case No. 281 dated 08.12.2024 is hereby quashed.

(Dr. Ajoy Kumar Mukherjee, J.)