JUDGEMENT
ASHIM KUMAR ROY, J. -
(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.
In view of the disposal of the main criminal revisional application, the application for compromise being CRAN No.3937 of 2013 also stands disposed of.
Criminal Section is directed to deliver urgent xerox certified copy of this order to the parties, if applied for, as early as possible.;
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