Swapan Bhowal @ Swapan Vioal And Others v. State Of West Bengal And ANR
19.11.2025 sb CRR 2231 of 2025 with CRAN 1 of 2025 Swapan Bhowal @ Swapan Vioal & Ors.
Vs.
The State of West Bengal & Anr.
Mr. Bikash Ranjan Bhattacharyya, Sr. Adv.
Mr. Uday Shankar Chattopadhyay Ms. Rajashree Tah Ms. Trisha Rakshit Ms. Aishwarya Datta Ms. Bidisha Chakraborty Ms. Sadia Parveen ...for the Petitioners Mr. Debasish Roy, Ld. PP Mr. Kaushik Kundu ...for the State This is an application wherein the petitioners have prayed for quashing of the impugned proceeding being CIS no. 36 of 2020 arising out of Mogra Police Station case no. 218 of 2019 corresponding to G.R. case no. 1399 of 2019 dated 30.8.2019 under Sections 341/342/504/506/34 of the IPC, presently pending before the learned Chief Judicial Magistrate, 4th Court, Hooghly.
The present dispute between the parties arose over an incident of attacking and locking the defactocomplainant/opposite party in the educational institution namely Bandel Elite Academy. However, after long battle dispute have been amicably settled in between the parties and as such, both the petitioners and the opposite party have prayed for quashing the above-mentioned proceeding and to that extent, they have filed instant application being CRAN 1 of 2025.
Learned counsel for the State submits that the dispute between the parties is basically private in nature and if they have settled their dispute amicably for mutual co-existence and peace in their future life, the State does not want to stand in their way and accordingly, he leaves the prayer to the discretion of the court.
Having heard learned counsel for both the parties, it appears that the parties have amicably settled their dispute and the defacto-complainant has decided not to support the imputations levelled in the FIR during trial. From the contents of FIR and other materials in record it appears that dispute is private in nature among the private parties and there is absolutely no public policy involved in the nature of allegation made against the accused persons. All the offences are compoundable in nature. Therefore continuance of further faked trial will be a mere abuse of process of the court. Furthermore, in view of the amicable settlement, there is hardly any chance of conviction of the petitioners at the end of the trial.
In such view of the matter, CRR 2231 of 2025 is allowed. The connected application being CRAN 1 of 2025 is also disposed of. The impugned proceeding being CIS no. 36 of 2020 arising out of Mogra Police Station case no. 218 of 2019 corresponding to G.R. case no. 1399 of 2019 dated 30.8.2019 under Sections 341/342/504/506/34 of the IPC, presently pending before the learned Chief Judicial Magistrate, 4th Court, Hooghly is hereby quashed.
Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J.)