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SIDDHARTHA ROY CHOWDHURY
Rajjak Sk. @ Hakim Sk. – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Siddhartha Roy Chowdhury, J. - This case is arising out of an application filed under Section 482 of the Code of Criminal Procedure seeking order to quash the impugned charge sheet no. 260 of 2008 dated 28th September, 2008, filed against the petitioners under Section 363/366/120B/376 of the I.P.C. in connection with Suti P.S. Case No. 119 of 2008 dated 2nd June, 2008 corresponding to G.R. Case No. 493 of 2008.
2. Briefly stated, Manirujjaman son of Mojammel Hoque informed the Officer-in-charge, Suti Police Station in writing that on 31st May, 2008 at about 7.30 p.m. his minor daughter Ruksar Khatun, a student of Class-X, was abducted by the accused persons when she went out of the house to purchase exercise book with her sister. The accused persons forcefully took her into a Maruti Van, gagged her and fled away. As information disclosed, an offence cognizable in nature Suti P.S. Case No. 119 of 2008 dated 2nd June, 2008 was registered under Section 363/366/120B of the I.P.C.
3. Police took up investigation which culminated into submission of charge sheet under Section 363/366/120B/376 of the I.P.C. against four accused persons. By filing the application under consideration t
The main legal point established in the judgment is the reluctance to interfere with criminal proceedings at an interlocutory stage as per the inherent power of Section 482 of the Cr.P.C.
If a minor voluntarily leaves the guardianship and joins someone without inducement or pressure, no offence under Section 363 IPC is made out if the girl is aged more than 17 years and is mature enou....
Kidnapping - Saving inherit powers of High Court - Section 482 of Code, High Court has inherent power to quash criminal proceedings even in those cases which are not compoundable, where parties have ....
The offence of kidnapping requires the minor to be taken away or induced. If the minor leaves voluntarily, the offence is not made out.
Section 375 I.P.C. provides that if a physical relation is being established with or without consent of a lady below 18 years of age it would be deemed to be raped.
The High Court may quash proceedings under inherent powers if a victim and offender marry post-allegation, promoting justice and familial stability despite non-compoundable offences.
The Court's inherent jurisdiction can be exercised to quash criminal proceedings when allowing the proceedings to continue would amount to denial of complete justice to the parties involved.
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