BISWA @ BISWAJIT SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for quashing of an investigational proceeding under Ss. 376 and 509 of the Indian Penal Code.

(2.) Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in this case while the opposite party no.2 is the defacto-complainant victim. It was alleged by the victim that on the date of occurrence, the petitioner took him inside by force and committed rape upon her. The proceeding was initiated due to some misunderstandings between the private parties. Actually the defacto-complainant had an affair with the present petitioner, but the husband of the opposite party no.2 forced her to lodge the present First Information Report. At present, they are staying together and a compromise and settlement has been arrived at between the private parties.

(3.) Learned counsel appearing on behalf of the defactocomplainant opposite party submits as follows. A compromise and settlement has indeed been arrived at between the private parties and they two are staying together. In fact, it was at the insistence of the husband of the opposite party no.2 that this proceeding was instituted. At present, the opposite party no.2 does not want to proceed with the case.