Xxx And Others v. State Of West Bengal And ANR

17.09.2025 Item No.2 Ct. No. 446 KS C.R.R. 3786 of 2025 With I.A. No. CRAN 1 of 2025 In the matter of: XXX & Ors.

...... Petitioners Mr. Sandipan Ganguly, Ld. Sr. Adv.

Mr. Prasun Mukherjee Mr. Indranil Roychowdhury Mr. Mainak Gupta Mr. Subhamoy Dutta Mrs. Priyanka Sarkar ....For the Petitioners Mr. Md. Adil Badr, Ld. Jr. Govt. Adv.

Mr. Md. Firog Ahmed Begg .....For the State Mr. Abhinav Rakshit .....For the O.P. No.2 In Re. I.A. No. CRAN 1 of 2025

1. This is an application for passing appropriate order in view of the fact that both the parties have arrived at a settlement by way of compromise and accordingly to that extent, a compromise application has been filed before the Court on the basis of which direction was given to the State respondent to submit a report as to whether any compromise has been effected between the petitioners or the opposite party no.2 as voluntarily entered into such compromise.

2. A report has been submitted on behalf of the State respondent, which reveals that the statement of the de facto complainant/wife has been recorded under Section 180 of the B.N.S.S. and also a written declaration has been given, where

she has intended to withdraw the proceedings against the F.I.R. named accused persons of the case as the entire matter has been settled up amicably with the intervention of the relatives. The report be kept with the record.

3. In this regard, learned senior advocate appearing for the petitioners relied upon a decision in the case of Madhukar & Ors. Vs. State of Maharashtra & Anr. reported in 2025 SCC OnLine SC 1415 where also in paragraph 3.4 observed by the Hon'ble Apex Court that the content of the F.I.R. therein was including sexual assault and criminal intimidation and despite that because of the compromise entered into by and between the parties, it was accepted as considering the fact that the parties have amicably resolved their disputes and arrived at the mutual understanding. Therefore, the continuation of the trial would not serve any meaningful purpose.

4. In view of the entire facts and circumstances and that the parties have entered into the compromise, this Court is of the view that there will be no purpose to be served if the trial is allowed to be commenced, in view of such compromise. A decree has also been passed in respect of a Matrimonial Suit under Section 13B of the Indian Penal Code.

5. Accordingly, this application being, I.A. No. CRAN 1 of 2025 stands allowed.

6. In view of the disposal of the application being, I.A. No. CRAN 1 of 2025 recording compromise, the revisional application being, CRR 3786 of 2025 also stands disposed of.

7. The proceedings pending in connection with G.R. Case No.609 of 2025 arising out of Bidhannagar (North) Police Station Case No.68 of 2025 dated 20.06.2025 is hereby quashed.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (CHAITALI CHATTERJEE (DAS), J.)