Cousin Sister of the Defacto Complainant and Others Vs State of West Bengal and Anr.

In this application the petitioners have prayed for quashment of the entire proceeding in connection with Barrackpore P.S. Case No. 60 of 2025 dated 23.6.2026 in POCSO Case No.142 of 2025 presently pending before the learned Special Judge at Barrackpore.

¶14

Being aggrieved by the aforesaid proceeding, learned counsel for the petitioners submit that they have been arrayed in the said case on the basis of the complaint made by the mother of the victim to the effect that on 23.6.2025 at about 15.30 hours the petitioners entered into their house premises and assaulted her and her brother and also damaged the household articles and that the petitioners also outraged the modesty of her minor daughter. On the basis of

¶15

2

¶16

the said complaint, investigation was initiated and after completion of investigation, the police has submitted charge-sheet against the petitioners.

¶17

Being aggrieved by the aforesaid proceeding, learned counsel for the petitioners submit that they are staying together since long with the de facto complainant at the same premises and some disputes and discord is present between them and the other family members which has eventually given rise to the instant proceeding.

¶18

However, learned Counsel for the petitioners submit that, the matter has been amicably settled during continuance of the proceeding and to that extent they have filed one connected application being I.A. No. CRAN 1 OF 2026, signed by all the parties. Learned Counsel for the petitioners further submit that in view of the amicable settlement, the de facto complainant has decided not to adduce evidence against the petitioners and, as such, further continuance of the impugned proceeding shall be mere abuse of the process of the Court.

¶19

Learned Counsel appearing on behalf of the opposite party no.2/de facto complainant submits that the de facto complainant along with the victim is residing in the same premises since long and the petitioners are her close relatives.

¶20

Learned counsel for the opposite parties, on instruction, further submit that in the heat of the moment, the de facto complainant/opposite party no.2 herein rushed to the local police station and made a complaint without understanding the consequence of the same and as a natural consequence, the present

¶21

3

¶22

case has been started implicating the present petitioners and subsequently the charge-sheet has been submitted.

¶23

However, the de facto complainant/opposite party no.2 herein and the petitioners have amicably settled their disputes and the de facto complainant/opposite party no.2 has decided not to support the imputations leveled in the complaint. Therefore, she also prayed for quashment of the said criminal proceeding.

¶24

Learned counsel for the State submitted a report sent by the Barrackpore Police Station dated 07.7.2026, which discloses that the de facto complainant/opposite party no.2 herein appeared at Barrackpore Police Station and submitted a written declaration stating that the dispute between the complainant and opposite parties has been amicably resolved through mutual understanding and compromise. The de facto complainant further stated to the police that the matter has been settled voluntarily and that no grievance remains against the opposite parties in connection with the above mentioned case. The written declaration, submitted by the de facto complainant dated 06.7.2026 is also annexed with the report.

¶25

I have considered the submissions made on behalf of the petitioners as well as both the opposite parties. I have also gone through the materials placed in the Case Diary. The essential ingredient to constitute offence, as alleged in the complaint, i.e. mens rea, is almost lacking in the present case. Therefore, as apparent from the materials available in the Case Diary, I do not find any criminality in the complaint and therefore, the question of outraging modesty of the minor daughter of the de facto

¶26

4

¶27

complainant/ opposite party no.2 herein has not been duly substantiated during investigation.

¶28

However, in the interest of their future mutual peaceful coexistence who are also close relatives to each other, they have settled the dispute and on the basis of such settlement the de facto complainant/opposite party no.2 herein does not want to proceed with the case. Therefore, I find that the chance of conviction of the present petitioners at the end of the trial is bleak and, as such, further continuance of the impugned proceeding before the Court below in view of the aforesaid settlement would be mere abuse of the process of the Court.

¶29

In view of the above, CRR 1346 of 2026 is allowed. The impugned proceeding being Barrackpore P.S. Case No. 60 of 2025 dated 23.6.2026 in POCSO Case No.142 of 2025, presently pending before the learned Special Judge at Barrackpore under the POCSO Act, is hereby quashed.

¶30

In view of the aforesaid, the connected application, I.A. No.

¶31

CRAN 1 OF 2026 also stands disposed of.

¶32

Personal appearance of the Investigating Officer stands dispensed with.

¶33

Photostat certified copy of this order, if applied for, be furnished expeditiously, upon compliance of all formalities.

¶34

(Dr. Ajoy Kumar Mukherjee, J.)

Cousin Sister of the Defacto Complainant and Others v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Cousin Sister of the Defacto Complainant and Others v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Papia Mondal Sur @ Papia Mandal Sur @ Papia Mondal Vs State of West Bengal and Anr.

Nachhi Bibi @ Nachi Bewa Vs the State of West Bengal

Debdas Sarkar Vs State of West Bengal and Anr.

Mantu Barui Vs State of West Bengal

Alla Rakha Sk Vs State of West Bengal

Subhajit Das Vs State of West Bengal and Anr.