SAHADAT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE writ petitioners have been charge sheeted under Section 363/365/366/366A/367/120B IPC on the allegation that the daughter of the de facto complainant, Rahila Parvin has been kidnapped by the petitioner no.2 in conspiracy with the remaining petitioner and she has been confined against her will with a view to traffick her.

(2.) NOW the petitioners have approached this court for quashing of the charge sheet on the ground the accused Sk. Moidul Islam has already married the victim girl Rahila Parvin according to Mohomadan Law and they are happily leading their conjugal life and she has given birth to two male children and following the aforesaid development the de facto complainant is no longer desirous to proceed with the criminal case which was instituted at his behest. In this regard a joint compromise petition has been filed in court and the de facto complainant personally present in court through his learned Lawyer submitted that he was not willing to proceed with this criminal case and if charge sheet is quashed he has no objection. Having regard to the development as aforesaid and when the de facto complainant is no longer interested to proceed with the criminal case started at his behest and more particularly when the principal accused has married the victim girl and they were living happily and peacefully with two minor children there is no chance of the impugned criminal proceeding in question to reach to its logical conclusion and permitting the same to continue any further will bring a situation which is completely an abuse of process of court. In the result this criminal revision is allowed and the impugned charge sheet is quashed.