LAWS(CAL)-2007-4-8

SARAFRAZ KHAN Vs. STATE OF WEST BENGAL

Decided On April 30, 2007
SARFARAZ KHAN Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Mr. Subir Banerjee, the learned Advocate submits that the petitioner No. 2 is the father of petitioner No. 1. According to F.I.R. the Principal accused is the petitioner No. 1. Swapan Kumar Neogi was the de facto complainant and he lodged F.I.R. at Metiabruz P.S. alleging that his daughter Subhasree Neogi was kidnapped by Sarfaraz Khan, the petitioner No. 1 Mr. Banerjee has submitted that the victim was a major and copy of the admit card has been annexed at page 28 which reveals that her date of birth according to the admit card issued by the Central Board of Secondary Education was 14th October, 1982. According to F.I.R. the incident occurred on 27th July, 2001 and being so on the date of incident the victim was 18 years 9 months 13 days and was a major. Moreover, in her 164 Cr.P.C. statement, the victim stated that she on her own went away with the petitioner No. 1 and married the said boy. Accordingly, there is no element of Sections 364, 366, 376/120B of the Indian Penal Code.

(2.) Mr. Mallick, the learned Advocate for the State submits that the de facto - complainant is dead. However, the Court may examine the victim and petitioner No. 1. On such submission, Mr. Banerjee submits that the victim is now in her advanced stage of pregnancy and it is difficult to bring her in Court.

(3.) After hearing the submissions of the learned Advocates for the respective parties, I find that on the basis of F.I.R. lodged by Swapan Kumar Neogi, Metiabruz P.S. case No. 107 dated 29.07.2001 under Sections 363/366 of the Indian Penal Code was started but the charge-sheet was submitted under Sections 363/366/120B of the Indian Penal Code. The victim was Subhasree Neogi and from the case diary, it appears that she in her statement recorded under Section 164 of Cr.P.C. stated before the learned Magistrate that she tried to convince her parents but the parents were not accepting the boy and for the said reasons she on her own left her parents house and married Sarfaraz. In the F.I.R. it was mentioned that the victim was a student of Class X - XII and in the case diary there is one paper collected by the I.O. during investigation from the Central Board of Secondary Education, Delhi which reveals that date of birth of Subhasree Neogi was 14.10.1982. It reveals that the victim was a student of English Medium School and educated and was also major at the time of relevant incident. As the victim on her own left her parental house and went to the house of petitioner No. 1 and married him (Sarfaraz), there is no element of Sections 363/366/120B of the Indian Penal Code. Mr. Banerjee, the learned Advocate on instruction submits that the marriage was consummated and the victim is in her advanced stage of pregnancy. Under the circumstances, continuation of the criminal proceeding would be an abuse of process of law. This is a fit case where this Court can invoke, its inherent jurisdiction under Section 482 of Cr.P.C. to quash the criminal proceeding. Accordingly, criminal proceeding being Sessions case No. 51 (7)/2002 which arose out of Metiabruz P.S. case No. 107 dated 29.07.2001 and now pending in the Court of the learned 1st Additional Sessions Judge at Alipore is hereby quashed.