Irshad Hossain And Others v. State Of West Bengal And ANR

16.06.2026 Sl. No.22 Ct. No.237 S.A.

CRR 1596 of 2026 with CRAN 1 of 2026 Irshad Hossain & Ors.

-vs- The State of West Bengal & Anr.

Mr. Abdul Zahid ...for the petitioners Mr. Kallol Mandal Mr. Subir Ganguly ...for the State Mr. Younus Sultan ...for O.P. No.2 The petitioners have filed the present application seeking quashing of ACGR Case No. 4205 of 2017 under Sections 341, 323, 324, 325, and 114 of the Indian Penal Code, 1860, arising out of Tiljala Police Station Case No. 221 of 2017 dated August 31, 2017, which is presently pending before the Court of the Learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas. It appears that the complaint giving rise to the aforesaid proceedings was lodged by the petitioners' neighbour, namely Opposite Party No. 2.

During the pendency of the present application, the parties filed CRAN 1 of 2026, praying for quashing of the criminal proceedings on the basis of an amicable settlement and compromise arrived at between them.

It is noted that a charge-sheet has already been filed in the matter. However, the allegations pertain to offences which are essentially private in nature and do not have any significant impact on society at large. The dispute appears to be purely personal and private in character, and the parties have since resolved all their differences amicably.

The factum of settlement has been duly verified and confirmed by the State through a report filed before this Court. In the aforesaid factual circumstances, this Court is of the considered view that the continuation of the criminal proceedings would be unjust and contrary to the interests of justice. Such continuation would serve no useful purpose and 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.

Let the report filed on behalf of the State be kept on record. Accordingly, ACGR Case No. 4205 of 2017 under Sections 341, 323, 324, 325, and 114 of the Indian Penal Code, 1860, arising out of Tiljala Police Station Case No. 221 of 2017 dated August 31, 2017, presently pending before the Court of the Learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas, is hereby quashed. Consequently, CRR 1596 of 2026 along with CRAN 1 of 2026 stands disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)