MD. SAFIRUDDIN S. K. ALIAS SAFI v. STATE OF WEST BENGAL
2007-03-13
PRAVENDU NARAYAN SINHA
body2007
DigiLaw.ai
( 1 ) MR. Ali, the learned Advocate for the petitioners submits that G. R. Case No. 15. 8/06 now pending in the Court of the learned A. C. J. M. , rampurhat arose out of Mayureswar P. S. Case No. 26/06 dated 22. 3. 06 under Sections 363/365/366/120b of the I. P. C. and the F. I. R. was registered on the basis of the written complaint submitted by Abdul Kalam, father of the victim Majera Khatoon. Victim and the petitioner No. 1 Md. Safiruddin sk @ Safi had love affair for sometime and out of their love they were married which was solemnized in presence of friends and different persons. The marriage was even consummated and Majera Bibi gave birth to a female child. The allegations made in the F. I. R. were not correct and at the time of alleged incident victim Majera was not a minor but she was a major. From the school certificate annexed with the revisional application in respect of sister of Majera it would be evident that Majeda, the sister of Majera was born on 10. 12. 99 and Majera was definitely older than Majeda. Both the petitioner No. 1 and the victim Majera are present in Court today and contents of the F. I. R. are not correct as the victim and petitioner No. 1 were married. The Criminal Proceeding may be quashed ; continuation of the criminal proceeding would be an abuse of the process of law. ( 2 ) POWER filed by the victim opposite party No. 2 be kept with the record. ( 3 ) THE learned Advocate for the victim submits that out their love victim was married with Md. Safiruddin and out of their wedlock one female child was born to them. The husband and wife today filed one Joint application. Continuation of the criminal proceeding would be an abuse of the process of Court and it should be quashed. ( 4 ) MR. Krishna Ghosh, the learned Advocate appearing for the State submits that when it appears that the victim was a major and that she gave birth to a female child necessary order may be passed.
Continuation of the criminal proceeding would be an abuse of the process of Court and it should be quashed. ( 4 ) MR. Krishna Ghosh, the learned Advocate appearing for the State submits that when it appears that the victim was a major and that she gave birth to a female child necessary order may be passed. ( 5 ) AFTER hearing the submissions of the learned Advocates for the parties, I find that F. I. R. was lodged by Adbul Kalam, father of Majera khatoon and in the F. I. R. it was alleged by him that Majera was a minor. The victim is present in Court. I have also asked her and she submits that she is a major and she has given birth to a female child also. The school certificate in respect of Majera Khatoon annexed with the revisional application reveals that date of birth of Majeda was 10. 12. 89 and Majeda is the sister of victim Majera and definitely Majera was a major at the time of incident. Besides that, according to the Muslim Personal Law, Muslim girl after attaining puberty has a right to marry according to her own choice. ( 6 ) SO, considering the present facts and circumstance and also considering the fact that victim married petitioner No. 1 and also gave birth to a child, I am of the opinion that it is a fit case where this Court should exercise its inherent jurisdiction under Section 482 of the Code to quash the proceeding when this Court finds that allegations in the F. I. R. that the victim was a minor at the time of incident and marriage was not correct. ( 7 ) ACCORDINGLY, the criminal proceeding being G. R. Case No. 158/06 arising out of Mayureswar P. S. case No. 26/06 dated 22. 3. 06 now pending in the Court of the learned A. C. J. M. , Rampurhat is hereby quashed. ( 8 ) THE revisional application is accordingly disposed of in the light of the observation made above. ( 9 ) CRIMINAL section is directed to forward a copy of the order to the learned A. C. J. M. , Rampurhat for information and necessary action. ( 10 ) CRIMINAL Section is directed to supply certified copy of this order to the parties, if applied for.