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Calcutta High CourtCRR/1776/2025allowed

Abhrajit Bhattacharyya v. State Of West Bengal And ANR

2026-06-29Hon'Ble Dr. Justice Ajoy Kumar Mukherjee3 pages

29.6.2026 sb CRR 1776 of 2025 with CRAN 2 of 2026 Abhrajit Bhattacharyya Vs.

The State of West Bengal & Anr.

Mr. Moyukh Mukherjee Ms. Sagnika Banerjee Ms. Sarmistha Basak ... for the petitioner Mr. Kaushik Gupta, Sr. Adv.

Ms. Asmita De ... for the O.P. no. 2 Mr. Sagar Saha Ms. Nayana Mukhopadhyay ...for the State Report submitted by the Officer-in-charge, Garfa Police Station dated 28.6.2026 along with the statement of the defacto-complainant and other related documents are taken on record.

In this application, the petitioner has prayed for quashing of the proceeding being ACGR case no. 2891 of 2021, presently pending before the learned Additional Judicial Magistrate, Alipore.

Being aggrieved by the aforesaid proceeding, learned counsel for the petitioner submits that the entire allegation levelled against the petitioner is frivolous and baseless and the opposite party no. 2 has acted on pre-planned imputation to implicate the petitioner falsely in order to harass him. The entire case is based on suspicion and there is no specific allegation against the petitioner. However, during pendency of the instant application, the parties have amicably settled their dispute outside court and to that

extent, they have filed one connected application being CRAN 2 of 2026 signed by both the parties.

Learned counsel for the opposite party no. 2 on instruction submits that the defacto-complainant does not want to proceed further with the proceeding and she does not want to support the imputations levelled in the complaint and as such, both the parties have prayed before this court for quashment of the said proceeding. Learned counsel for the State relying upon the report dated 28.6.2026 filed by the Officer-in-charge, Garfa Police Station submits that the defacto-complainant has made a submission before the police that she wants to close the matter and does not want to proceed any further. He further submits that the dispute between the parties is private in nature and when the parties have amicably settled their dispute outside the court, the State does not want to stand in their way to lead future peaceful life.

Having heard learned counsel appearing on behalf of all the parties, it appears that both the parties have amicably settled their dispute outside the court and the opposite party no. 2 herein has decided not to support the imputations levelled in the petition of complaint and as such, there is hardly any chance of conviction at the end of trial even if the proceeding is allowed to continue.

proceeding would be nothing but a mere abuse of process of the court.

In view of above, CRR 1776 of 2025 along with CRAN 2 of 2026 are allowed.

The impugned proceeding being ACGR case no. 2891 of 2021, presently pending before the learned Additional Judicial Magistrate, Alipore is hereby quashed. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)