SAFIRUDDIN SK ALIAS SAFI Vs. STATE OF WEST BENGAL
LAWS(CAL)-2007-3-34
HIGH COURT OF CALCUTTA
Decided on March 13,2007

MD.SAFIRUDDIN S.K. ALIAS SAFI Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (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.;


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