Tapati Banerjee v. State Of West Bengal And ANR
25.06.2026 Sl. No.34-37.
D/L.
Mithun.
Ct.No.29. CRR/1829/2026 With CRAN 1 of 2026 Sanjay Banerjee & Ors.
Vs.
The State of West Bengal & Anr.
with CRR/1830/2026 with CRAN 1 of 2026 Sanjay Banerjee & Ors.
Vs.
The State of West Bengal & Anr.
with CRR/1837/2026 With CRAN 1 of 2026 Tapati Banerjee Vs.
The State of West Bengal & Anr.
with CRR/1844/2026 With CRAN 1 of 2026 Rudra Narayan Banerjee @ Rudra N. Banerjee Vs.
The State of West Bengal & Anr.
Mr. Sourav Chatterjee, Sr. Adv., Ms. Namrata Chatterjee ...for the petitioners in CRR 1829 of 2026 & CRR 1830 of 2026. ...for the OP no.2 in CRR 1837 of 2026 & CRR 1844 of 2026. Mr. Arup Kumar Chatterjee, Ms. Priti Jain ...for the petitioners in CRR 1837 of 2026 and CRR 1844 of 2026. ...for the OP in CRR 1829 of 2026 & CRR 1830 of 2026. Mr. Kallol Mondal, Ld.P.P., Mr. Imran Siddiqui ...for the State in CRR 1837 of 2026 and CRR 1844 of 2026. Mr. Kallol Mondal, Ld.P.P., Mr. Sagar Saha ...for the State in CRR 1829 of 2026 & CRR 1830 of 2026
Report submitted by the by the Public Prosecutor, prepared by the Officer-in-Charge, Gariahat Police Station is taken on record.
In this application the petitioners of each case namely CRR 1829 of 2026 and CRR 1830 of 2026 in one hand and petitioner of CRR 1837 of 2026 and CRR 1844 of 2026 submit that due to family dispute, the case and counter case have been lodged alleging commission of different offences under the Indian Penal Code. However, due to intervention of associates and well-wisher, the dispute, discord and misunderstanding by and between the petitioners and the opposite parties in each of the above-mentioned cases, have been resolved and a compromise has been arrived at by and between the parties who all are members of the same family and to that extent, they have filed connected applications being CRAN 1 of 2026 in each of the four applications.
It is further submitted that in order to record their settlement, a Memorandum of Understanding has been entered into by and between the parties on 19th May, 2025. In view of execution of said Memorandum of Understanding, the petitioners and opposite parties in all the four applications have decided to pray for quashment of all the four impugned proceedings pending before different forums.
It is further submitted that since the de facto complainant of all the four applications has decided not to support the
imputations levelled against the accused persons of each of the four applications, further continuance of the respective proceedings would be mere abuse of the process of the Court as there is hardly any chance of conviction at the end of the trial. Learned Counsel appearing on behalf of the State submits that the dispute between the parties appears to be private and family dispute and it further appears from the report submitted in each case by the concerned police station that they have decided the said dispute amicably in the interest of their future coexistence and therefore state does not want to stand in their way of settlement.
Having heard learned Counsel for the petitioners and both the opposite parties, I find that de facto complainant of each of the four cases have decided not to support the imputations levelled against the accused persons in each case and, as such, further continuance of the impugned proceeding against the respective petitioners would be mere abuse of the process of the Court. Therefore, to secure the ends of justice, I find that these are the fit cases where the proceedings should be quashed invoking this Court's jurisdiction under Section 528 of the BNSS. In view of above, CRR 1829 of 2026 along with CRAN 1 of 2026, CRR 1830 of 2026 along with CRAN 1 of 2026, CRR 1837 of 2026 along with CRAN 1 of 2026 and CRR 1844 of 2026 along with CRAN 1 of 2026 are allowed.
The impugned proceedings being CGR Case No.5904 of 2012 arising out of Gariahat Police Station Case No.549 of 2012 dated
21.11.2022 pending before learned Chief Judicial Magistrate; Alipore; CGR Case No.130 of 2020 arising out of Gariahat Police Station Case No.17 of 2020 dated 10.01.2020 pending before learned Chief Judicial Magistrate, Alipore; CGR Case No.4493 of 2019 arising out of Gariahat Police Station Case No.332 of 2019 dated 21.12.2019 pending before learned Judicial Magistrate, 2nd Court, Alipore and JJB/GR Case No.11 of 2020 arising out of Gariahat Police Station Case No.19 of 2020 dated 11.01.2020 pending before learned Principal Magistrate, Juvenile Justice Board, Kolkata are hereby quashed.
Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. ( Dr. Ajoy Kumar Mukherjee, J. )