Koushik Saha v. State Of West Bengal And ANR

22.06.2026 Serial no. 375 [Srimanta] Ct. No. - 29 IA No.:CRAN/1/2026 in CRR 3818 of 2025 In re : An Application under Sections 482 of the Code of Criminal Procedure, 1973 corresponding to Section 528 of the Bharatiya Nagarik Sureaksha Sanhita, 2023 -AndIn the matter of : KOUSHIK SAHA ... ... Petitioner Mr. Sourav Chatterjee,Sr. Adv., Ms. Sumitra Das, Advocate ... ... For the Petitioner.

Mr. Somnath Adhikary, Advocate .......For the State.

Ms. Sananda Chatterjee, Advocate ......For the opposite party no. 2.

1. Report submitted by Officer-in-Charge, Galsi Police Station, Purba Bardhaman is taken on record.

2. In this application the petitioner has prayed for quashment of the proceeding being G.R. Case No. 4421/2019 filed under Section 304A of the Indian Penal Code presently pending before learned Chief Judicial Magistrate, Purba Bardhaman. Petitioner submits that petitioner was not named in the F.I.R. and there is no allegation against him. At no point of time the petitioner/applicant had any role in the alleged incident nor did the opposite party no. 2 ever allege any knowledge or involvement on the part of the petitioner in relation to the said incident which gave rise to

the registration of Galsi Police Station Case No. 395/2019. It is further submitted that after the incident opposite party no. 2 received insurance claim of Rs.18.35,000/- on 29th May, 2020 and the sister-in-law of the applicant also received Rs.6,00,000/- on the selfsame date. After making of such payment by the Indian Oil Corporation, parties have amicably settled the dispute out of Court and to that extent both the petitioner and opposite party no. 2 have filed a joint compromise application being CRAN/1/2026. In view of such settlement, learned Counsel appearing on behalf of the opposite party no. 2 submits that she does not want to proceed any further with the instant proceeding and she has decided not to support the imputations leveled in the F.I.R. in view of amicable settlement arrived at by and between the parties.

3. The report submitted by Officer-in-Charge, Galsi Police Station discloses that the de facto complainant has stated to the Police that she received compensation from Indian Oil Corporation and, therefore, they have stated in the compromise application at para 8 that the opposite party has no grievance against the Indian Oil Corporation Limited or its officials.

4. Having heard learned Counsel for the petitioner and learned Counsel appearing for the de facto complainant and the State, it appears that in view of receipt of the

compensation amount, the opposite party is satisfied with the compensation and they have amicably settled their dispute and accordingly decided not to support the imputations leveled in the F.I.R. and, therefore, I find that there is hardly any chance of conviction at the end of trial even if the prosecution is allowed to be continued merely on the ground that the offence is not compoundable.

5. In view of above, CRR/3818/2025 along with CRAN/1/2026 is allowed.

6. The impugned proceeding being G.R. Case No. 4421/2019 presently pending before learned Chief Judicial Magistrate, Purba Bardhaman is hereby quashed.

7. 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.)