The Hon’ble Justice Jay Sengupta CRR 1397 of 2025 XXX Vs.

State of West Bengal & Anr.

For the petitioner : Mr. Bibek Chatterjee Ms. Tiliya Kumari Sharma Ms. Susmita Saha For the O.P. no. 2 : Ms. Paramita Sahu For the State : Mr. Suman De Mr. Debanshu Ghorai Heard on : 14.07.2025 Judgment on : 14.07.2025 Jay Sengupta, J.:- This is an application for quashing of a proceeding being Special Case no. 130 of 2023 pending before the Judge, Special Court (POCSO Act) cum Additional Sessions Judge, Baruipur, South 24 Parganas arising out of Sonarpur Police Station Case no. 891 of 2023 dated 26.08.2023 where a charge-sheet was submitted under Section 9 of Prohibition of Child Marriage Act .

Report filed on behalf of the State is taken on record. It appears from the report that the Marriage Registration Certificate relied upon on behalf of the private party is a genuine one.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner got married to the opposite party although a police case was started suo motu alleging that the age of the opposite party/wife was below 18 years at the time of such marriage and child birth. Subsequently, a compromise and settlement has