JUDGEMENT
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(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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