Akhilesh Mishra v. The State Of West Bengal And ANR

18.08.2025 SL. 08 Court No. 3 SR In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Revisional Jurisdiction C.R.R. 372 of 2025 With IA No.CRAN 1 of 2025 In re: An application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In re:

Sri Akhilesh Mishra ....petitioner.

Mr. Subham Ghosh Mr. Mayank Roy ...for the petitioner.

Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Subhasish Misra ... for the State.

Mr. Gopal Roy ... for the O.P. No.2.

In re: IA No.CRAN 1 of 2025

1. This is a joint application on behalf of the de facto complainant as well as the accused praying for quashing of Raniganj Police Station Case No.229 of 2017 dated 14.09.2017 under Sections 420/465/468 and 471 of the Indian Penal Code, 1860 and charge-sheet submitted therein vide charge sheet No.30 of 2020 dated 08.02.2020, corresponding to G.R. No.3876 of 2017 pending before the learned Chief Judicial Magistrate at Jalpaiguri, District - Jalpaiguri.

2. At the time of hearing attention of this Court is drawn to the copy of the written complaint as has been annexed at pages 11 to 13 of the application under Section 528 of BNSS. It is

submitted at the bar that from the averments made in the IA No.CRAN 1 of 2025, it would reveal that the disputes between the parties are civil in nature and such dispute has already been settled and resolved by and between the parties and as such, both the parties to the instant revisional application i.e. the accused as well as the de facto complainant have approached this Court for invoking the inherent power of this High Court for quashing of the aforesaid Raniganj Police Station Case No.229 of 2017 dated 14.09.2017, as prayed for.

3. On careful perusal of the entire materials as placed before this Court including the copy of the written complaint as has been annexed with the application under Section 528 of BNSS as well as on careful perusal of the averments as made in IA No. CRAN 1 of 2025 and after hearing the learned advocates for the contending parties, it also appears to this Court that the FIR in the aforementioned Raniganj Police Station Case No.229 of 2017 dated 14.09.2017 arose out of a property dispute over which, an arbitration proceeding has already been initiated.

4. It further reveals from the averments made in the IA No.CAN 1 of 2025 that both the de facto complainant and the accused stated before this Court supported by affidavit that their dispute has come to an end on account of an amicable settlement.

5. In view of such, this Court, thus, finds sufficient justification in the prayer as made in IA No.CAN 1 of 2025.

6. Accordingly, prayer is allowed.

7. The application for quashing as made under Section 528 of BNSS in connection with Rajganj Police Station Case No.229 of 2017 dated 14.09.2017 as well as the charge-sheet submitted thereon are hereby quashed.

8. With the abovementioned observations, CRR 372 of 2025 as well as IA No.CRAN 1 of 2025 is disposed of.

9. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Partha Sarathi Sen, J.)