Sumit Rakshit And Another v. The State Of West Bengal And ANR
25.6.2026 sb CRR 4640 of 2025 with CRAN 1 of 2026 Sumit Rakshit & Anr.
Vs.
The State of West Bengal & Anr.
Mr. Ayan Mitra ... for the petitioners Mr. Amit Ranjan Pati Mr. Avijit Chatterjee ... for the O.P. no. 2 Mr. Kallol Mondal, Ld. PP Mr. Imran Siddiqui ...for the State Petitioner no. 1 is the husband and the petitioner no 2 is the mother-in-law of the defacto-complainant, who prayed for quashment of the proceeding being G.R. case no. 1644 of 2023, presently pending before the learned Judicial Magistrate, 2nd Court, Paschim Medinipur.
Being aggrieved by the aforesaid proceeding, learned counsel for the petitioners submits that the allegations levelled against the petitioners are frivolous and have been initiated only with a view to harass and intimidate the petitioners. No specific role with regard to the commission of offence as alleged, has been stated either in the complaint or in the charge-sheet. He further submits that the defacto-complainant left the matrimonial house voluntarily on 3.11.2022.
However, during pendency of the instant proceeding, good sense prevailed among the parties and they have come forward to settle the dispute amicably and as such, they
have filed one Memorandum of Understanding in the form of connected application being CRAN 1 of 2026. Learned counsel for the opposite party no. 2 submits that in view of the amicable settlement between the parties, the opposite party no. 2 herein has decided not to support the imputations levelled against the petitioners and as such, further continuance of the impugned proceeding would be nothing but a mere abuse of process of the court. Therefore, both the parties submit that the proceeding may be quashed.
Mr. Siddiqui, learned counsel for the State submits that the dispute is private and matrimonial in nature and when the parties have amicably settled their dispute outside the court, the State does not want to stand in the way of their mutual settlement.
Having heard learned counsel appearing on behalf of all the parties, it appears that both the parties have amicably settled their dispute outside the court and the opposite party no. 2 herein has decided not to support the imputations levelled against the petitioners and as such, there is hardly any chance of conviction at the end of trial even if the proceeding is allowed to continue any further. Therefore, if the prayer for quashment is refused only on the ground that some of the alleged offence are noncompoundable then, it may become counter-productive for the future peaceful life of the parties.
In view of above, CRR 4640 of 2025 along with CRAN 1 of 2026 are allowed.
The impugned proceeding being G.R. case no. 1644 of 2023 arising out of Midnapore All Women Police Station case no. 54 of 2023, presently pending before the learned Judicial Magistrate, 2nd Court, Paschim Medinipur is hereby quashed.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J.)