Consent in sexual offenses must be based on clear understanding; misconceptions or coercion can vitiate it, but the facts must support the allegations sufficiently to sustain charges.

JUDGMENT :

Chandra Shekhar Jha, J.

1. Heard learned counsel appearing on behalf of the parties.

2. The present application has been filed for quashing the order dated 09.10.2023 passed by learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyarpur P.S. Case No. 774/2023, for the offences punishable under Sections 376 , 504, 506 of the INDIAN PENAL CODE .

3. Prosecution case in brief, as it appears from written statement of the Opposite Party no. 2, namely, Dr. Priya Kumari dated 21.06.2023, stating inter-alia, that she did her MBBS from P.M.C.H, Patna from 2014 to 2020 and during her stay in Patna, she came in contact with the petitioner (Dr. Atul Shekhar) and became friends and visited each other houses. Petitioner was also pursuing MBBS from S.K.M.C.H, Muzaffarpur and she being friend used to visit the petitioner off and on. On 06.09.2020, petitioner during his visit to his friend at Muzaffarpur visited her house also at 6:00 PM, and seeing nobody at her home petitioner forcefully established physical relation with her and on protest he threatened to kill if she disclosed it to anybody outside as he had contact with the criminals. Thereafter, petitioner made physical relation with her on different occasions and took video from the hidden camera without her knowledge at PMCH, Patna and promised her to marry. Presently the petitioner is posted in ANMCH, Gaya. Opposite party no. 2 went to meet the petitioner at Gaya and stayed in hotel and on the assurance of marriage the petitioner again established physical relation with her. On 23.05.2023 petitioner on phone refused to marry her and threatened to make all the videos and photos viral and spoil her carrier, if she again press for her marriage with the petitioner. On 29.05.2023 she narrated the entire story of their relation/occurrence to her parents.

4. Police after investigation submitted charge sheet, upon perusal of which and on the basis of material available and collected during the course of investigation, the learned jurisdictional magistrate took cognizance for the offences under Sections 376 , 504 and 506 of the INDIAN PENAL CODE against petitioner.

5. It is submitted by Mr. N.K. Agrawal, learned senior counsel appearing for the petitioner that as per FIR, the affairs between the parties started somewhere in year 2014, while both of them were pursuing their medical course. It is submitted that this case was filed on 21.06.2023 i.e. in the background of seven years of acquaintance. It is submitted by Mr. Agrawal that informant of the present case wanted to marry with petitioner which was not acceptable to the petitioner and his family members and, therefore, the present case was lodged. It is submitted that as per the narration of FIR, on the first occasion petitioner visited the house of opposite party no. 2 at Muzaffarpur on 06.09.2020, while she was alone in her house and established physical relation with her. Thereafter, on several occasions, physical relations was established between them and for that video clips were also captured by the petitioner, on the basis of which opposite party no. 2 was threatened to keep silent, failing which she would loose her social reputation as the petitioner threatened to make it viral, but no such video clips was gathered by police during investigation. It is submitted that the opposite party is a full grown lady of about 30 years and she is well educated being a MBBS doctor from a reputed institution.

6. Mr. Agrawal in support of false allegation submitted further that opposite party no. 2 failed to provide any video clip during the course of investigation or photographs in support of her allegation