Tuhina Khatun @ Tahamina Khatun And Others v. State Of West Bengal And ANR

SL- 82 18.09.2025 ( Dd ) CRR/2000/2025 In the matter of : TUHINA KHATUN @ TAHAMINA KHATUN AND OTHERS .... ...Petitioners Ms. Minoti Gomes, Md. Hafiz Ali, Advocates .. ...For the petitioners Mr. Debasish Roy, PP Mr. Kunal Ganguly, Advocate .. ...For the State

1. Petitioners seek quashing of Shaktipur Police Station Case No. 102 of 2023 dated May 13, 2023 under Sections 363/365/34 of the Indian Penal Code, 1860 and C.SPL Case No. 56 of 2023 pending before the learned POCSO Court at Berhampore, Murshidabad.

2. Learned advocate appearing for the petitioners draws the attention of the Court to a letter written by the victim to the Officer-in-Charge on June 30, 2023. She submits, in reference to such letter, that the victim went voluntarily to a house of the relative and that the police case was filed due to misunderstanding.

3. Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code.

4. Learned advocate appearing for the State relies upon a statement recorded under Section 161 of the Criminal Procedure Code where, the father of the victim stated that, he is being threatened with further kidnapping of the victim.

5. In the statement recorded under Section 164 of the Criminal Procedure Code on June 5, 2023, victim stated

that, she was taken to Uttar Pradesh, where they stayed as husband and wife. She also stated that there was physical relationship between her and the principal accused.

6. Apparently, the petitioners before Court are influential. Petitioners before Court obtained the writing from the victim subsequent to her recording the statement under Section 164 of the Criminal Procedure Code. There is a statement of the father of the victim stating that, he is being threatened with further kidnapping.

7. In such circumstances, I find no ground to quash the criminal proceedings. Rather I direct the police to draw the attention of the jurisdictional Court as to the materials placed before Court as also the other materials in the case diary for appropriate steps as against the petitioners and the other accused.

8. CRR/2000/2025 is disposed of.

(Debangsu Basak, J.)