20.07.2022 Item No.01.
Suman Ct.42 CRR 1893 of 2021 With CRAN 1 of 2021 Md. Sahnoaj Vs.
The State of West Bengal & Anr.
Mr. Debasis Kar Mr. Husen Mustafi Mr. A. Tilak Bhadra ...for the petitioner Mr. Subhajit Chowdhury ...for the de facto complainant Mr. Saswata Gopal Mukherjee, Ld. P.P. Mr. Sandip Chakraborty ...for the State This is an application filed jointly by the de facto complainant and the accused /petitioner praying for quashing of charge sheet No.245 of 2021 under Sections 317/376/406/506/494 of the Indian Penal Code on the ground that during the pendency of the case the parties have effected mutual settlement and the dispute has been compromised. Mr. Kar, learned advocate for the petitioner refers to a decision of the Hon'ble Supreme Court in Prashant Bhartiya versus State of Delhi & Anr. reported in 2021(3) R.C.R. (Criminal) 714 wherein 2 an F.I.R. under Section 376 of the Indian Penal Code was quashed on the ground that a settlement was arrived at between the accused and the complainant in mediation. He has also placed reliance on another decision of the Hon'ble Supreme Court in the case of K. Dhandapani versus State by the Inspector of Police reported in 2022 (2) R.C.R. (Criminal) 987. It is submitted by Mr. Sandip Chakraborty, learned P.P.-in-charge that after thorough investigation police submitted charge sheet against the accused. During investigation statement of the prosecutrix was recorded under Section 164 of the Code of Criminal Procedure. In view of overwhelming material on record and considering the nature of the offence the case cannot be compromised.
The above mentioned case relates to a charge of commission of rape with a minor. Subsequently, marriage between the victim and the accused was solemnized. The Hon'ble Supreme Court was pleased to set aside the order of conviction and sentence on the ground that the Court does not want to disturb happy family life of the accused and the prosecutrix. The ratio in K. Dhandapani (supra) is not at all applicable because the said judgment is passed in an appeal before the Supreme Court against the order of conviction and sentence.
3With regard to Prashant Bhartiya (supra) the dispute between the parties was settled in mediation prior to recording compromise and quashing the proceeding by the Court. Relying on the decision in Prashant Bhartiya (supra), the instant revision is directed to be placed before the mediation of the High Court at Calcutta.
On the basis of the order passed by the Hon'ble Mediator, final order in the instant revision will be passed.
Learned Registrar (Vigilance) -cum -Secretary of Mediation is directed to act according to the direction passed in the instant order.
Let a copy of this order along with the application be sent to the Learned Registrar (Vigilance) -cum - Secretary, High Court Mediation Centre.
(Bibek Chaudhuri, J.)