- (1.) This revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure arises out of an order dated 26th February, 2014 passed by the learned Additional District and Sessions Judge, 2nd Fast Track Court, Bichar Bhawan, Kolkata, in Sessions Case No.94 of 2013 thereby rejecting the discharge application of the petitioner under Section 227 of the Code of Criminal Procedure.
(2.) Sessions Case No.94 of 2013 arose out of Bowbazar P.S. Case No.284 of 2012 dated 7th May, 2012 under Sections 417/376 of the Indian Penal Code, pending before the learned Additional District and Sessions Judge, 2nd Fast Track Court, Bichar Bhawan, Kolkata. The instant case was started on the basis of a written complaint lodged by the opposite party No.2 on 2nd May, 2012 in which the opposite party No.2 stated that the petitioner, for the last 16 years, has been indulging in physical relation with her on the pre-text of marrying the opposite party No.2.
(3.) The opposite party No.2 alleged that in order to avoid pregnancy the petitioner used to administer a contraceptive pill before doing sex. It has been stated in the written complaint that the petitioner used to stay at a rented place with the opposite party No.2 for some time and, thereafter, they used to stay together almost 6-7 days in every month at a place, namely, Ghutiary Shariff as husband and wife in a hotel. The petitioner used to misbehave with the opposite party No.2 when she asked for their marriage. The opposite party No.2 has admitted in the complaint that every month the petitioner used to give her Rs. 1000/- (Rupees One Thousand) only but for the last 7-8 months he stopped giving the same to the opposite party No.2. at present the petitioner does not give anything to the opposite party No.2 and as a result, she has made the complaint. From the record it appears that the lady, opposite party No.2, has got her statement recorded under Section 164 of the Code of Criminal Procedure before the learned Magistrate but, before the learned Magistrate she has not alleged anything against the petitioner regarding their live-in relationship nor she has alleged anything against the petitioner regarding his misbehaviour or his failure to promise to marry. In this case, charge-sheet has been submitted on 27th May, 2013. The petitioner filed an application before the learned Court below under Section 227 of the Code of Criminal Procedure for discharge of the accused petitioner. The present petitioner was released on bail by the City Sessions Court at Calcutta vide Criminal Misc. Case No.23 of 2013 on 18th January, 2013. The petitioner is now on bail. When the revisional application was moved an interim order was passed on 28th April, 2014 directing stay of all further proceedings of G.R. Case No.1850 of 2012 corresponding to Sessions Case No.94 of 2013 pending before the Court of learned Additional Sessions Judge, 2nd Fast Track Court, Bichar Bhawan, Kolkata for a period of eight weeks or until further order whichever was earlier. The said interim order had been extended time to time. In the said revisional application the parties have filed a joint petition for compromise being C.R.A.N. 2920 of 2015. With the said joint petition for compromise the parties have relied upon a memorandum of understanding and the same has been annexed to the joint petition for compromise. From the said memorandum of understanding it appears that the second party, namely, the opposite party No.2, has agreed that the written complaint which is filed by her was based on misunderstanding and she has agreed to withdraw the allegations and complaint made against the first party, that is, the petitioner herein.;