← Library
Calcutta High CourtCRR/2116/2026disposed

Mahesh Balasubramanian And Others v. The State Of West Bengal And ANR

2026-06-22Hon'Ble Justice Kausik Chanda3 pages

22.06.2026 Sl. No.53.

Ct. No.237 Suman CRR 2116 of 2026 With CRAN 1 of 2026 Mahesh Balasubramanian and Others -vs- The State of West Bengal & Anr.

Mr. Tridib Bose Mr. Cedric Fernandez Mr. Sourav Roy ..for the petitioners Mr. Kallol Mondal, Ld. P.P.

Mr. Subir Ganguly ..for the State Mr. Tanmoy Roy ..O.P. No.2.

Based on the complaint lodged by O.P. No.2 Khardah Police Station Case No.228 of 2026 dated 11th May, 2026 was registered under Sections 112(2) of Bharatiya Nyaya Sanhita, 2023, Section 316(2) of the Bharatiya Nyaya Sanhita, 2023 corresponding to Section 406 of the Indian Penal Code, Section 316(5) of the Bharatiya Nyaya Sanhita, 2023 corresponding to Section 409 of Indian Penal Code, Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 corresponding to Section 420 of the Indian Penal Code and Section 61(2) of the Bharatiya Nyaya Sanhita, 2023 corresponding to Section 120B of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Barrackpore against the petitioners.

By filing this application, the petitioners seek quashing of the said FIR. It, however, appears that during pendency of the

revisional application an amicable settlement has been arrived at between the parties. It appears that the entire dispute between the parties relates to a claim arising out of an insurance policy. The petitioners are responsible officers of the Insurance Company, while opposite party no.2 is a policyholder.

The petitioners have filed the present application seeking quashing of the aforesaid proceedings. It appears that the disputes between the parties have since been amicably resolved. In this regard, the parties have jointly filed a petition of compromise before this Court, being CRAN 1 of 2026.

In such circumstances, the continuation of the criminal proceedings 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.

Accordingly, G.R. Case No. 3188 of 2026 arising out of Khardah Police Station Case No.228 of 2026 dated 11 May, 2026 stands quashed in terms of the compromise recorded in CRAN 1 of 2026.

Consequently, CRR 2116 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.)