Calcutta High Court (Appellete Side)
Dipu Naskar vs The State Of West Bengal & Anr on 6 July, 2023
IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction
APPELLATE SIDE
Present:
The Hon'ble Justice Shampa Dutt (Paul)
CRR 957 of 2020
With
CRAN 1 of 2023 (not in the file)
Dipu Naskar
Vs.
The State of West Bengal & Anr.
For the Petitioner : Mr. Tauhid Khan,
Mr. Md. Manirul Islam Molla.
For the State : Mr. Saswata Gopal Mukherjee, ld. PP
Ms. Faria Hossain,
Mr. Anand Keshari.
For the Opposite Party No. 2 : Mr. Iftekar Munshi.
Heard on : 15.06.2023
Judgment on : 06.07.2023
Shampa Dutt (Paul), J.:
1.
The present revision has been preferred praying for quashing of the
impugned proceeding in connection with the impugned F.I.R. No.
54/2015 dated 19.01.2015 and Charge Sheet No. 814/2015 dated
30.11.2015 arising out of Sankrail Police Station, Howrah under Sections
376/417 of the Indian Penal Code, corresponding to G.R. Case No.
424/2015 pending before the Learned Chief Judicial Magistrate, Howrah.
2. The petitioner's case is that on 19.01.2015 at 18.05 hrs. complainant
Aparna Mondal, daughter of Ananta Mondal of Manickpur Manshatala,
P.O. - Deltamill, P.S.-Sankrail, District-Howrah, PIN-711 309, came to
Manickpur I.C. under Sankrail P.S. and submitted a written complaint to
the effect that since last 3/4 months she is in a love affair with the
petitioner. The accused person assured the complainant that as early as
possible he would marry her. The last one month the petitioner Dipu
committed intercourse upon the victim and had sexual relation several
times, promising to marry her. The said petitioner tried to break the
relationship with the complainant. The petitioner then made no contact
with the complainant and then refused to marry her.
3. Mr. Tauhid Khan, learned counsel for the petitioner has submitted
that there was a love affair between the petitioner and the defacto
complainant and due to some misunderstanding the present complaint
was filed.
4. That on intervention of elders, well-wishers and parents of both the
side the matter has been amicably settled and in 2015, the marriage
ceremony of the petitioner and the defacto complainant was
solemnized under the Hindu Marriage rites and customs in presence
of witnesses.
5. After their marriage, the petitioner and the complainant are living
together as husband and wife. On 15.05.2016 a baby girl was born out
of the wedlock.
6. It is submitted that the dispute has already been settled between the
parties. Therefore, the impugned proceeding be dropped and the
impugned F.I.R. and Charge Sheet be quashed in the interest of justice.
7. It is true that in the statement under Section 164 of the Cr.P.C., the
complainant repeated her allegation. Complainant has also recorded her
age in the statement as 20 years.
8. Mr. Saswata Gopal Mukherjee, learned Public Prosecutor has
placed the case diary along with a memo of evidence.
9. From the materials on record including the case dairy, the birth
certificate of complainant shows her date of birth as 19.05.1996.
10. The complaint in this case was filed on 19.01.2015, stating that the
relationship started since 3-4 months (when the complainant was
more than 18 years old).
11. Mr. Iftekar Munshi, learned counsel for the opposite party no.
2/defacto complainant has supported the contention of Mr. Khan,
learned counsel for the petitioner.
12. Both the parties have categorically submitted that the parties are
now married to each other and also have a child.
13. Considering the evidence that the complainant was admittedly above
18 years of age at the time of the alleged incident and that the
relationship has now culminated into marriage with the parties having
a child, the ends of justice will be met if the matter is disposed of as
amicably settled, as the allegations made against the petitioner are no
more in existence.
14. Thus relying upon the judgment of the Supreme Court in Jatin
Agarwal vs The State of Telangana & Anr., Criminal Appeal No.
456 of 2022, on 21 March, 2022, and considering the materials on
record, and the present status of the parties, it is evident that a trial
in this case, would end in acquittal of the petitioner. Thus
continuation of the said criminal proceedings being FIR No. 54/2015
dated 19.01.2015 and charge sheet no. 814/2015 dated 30.11.2015
corresponding to G.R. Case No. 424/2015 would clearly be an abuse of
the process of law and as such for the ends of justice, the proceeding is
liable to be quashed.
15. The revisional application being CRR 957 of 2020 is accordingly
allowed.
16. The impugned proceeding in connection with F.I.R. No. 54/2015
dated 19.01.2015 and Charge Sheet No. 814/2015 dated 30.11.2015
arising out of Sankrail Police Station, Howrah under Sections 376/417
of the Indian Penal Code, corresponding to G.R. Case No. 424/2015
pending before the Learned Chief Judicial Magistrate, Howrah, is
quashed.
17. No order as to costs.
18. All connected applications, if any, stands disposed of.
19. Interim order, if any, stands vacated.
20. Copy of this judgment be sent to the learned Trial Court forthwith for
necessary compliance.
21. Urgent certified website copy of this judgment, if applied for, be
supplied expeditiously after complying with all, necessary legal
formalities.
(Shampa Dutt (Paul), J.)
