Md. Sahnoaj vs The State Of West Bengal & Anr
2022 Latest Caselaw 4509 Cal

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

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.

With 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.)