JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been filed praying for quashing of the proceedings in ACGR Case No. 5731 of 2019, arising out of Survey Park Police Station Case No. 221 of 2019 dated 30.11.2019 under Sections 376/328/323/417 of the Indian Penal Code now pending before the Court of the learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas.

2. The petitioner’s case is that, a written complaint was lodged by one Sukla Das, wife of Dr. S.K. Das, resident of Santoshpur Avenue, Kolkata – 700075, with the Joint Commissioner of Police, Crime Branch, Kolkata, enclosing the complaint of her daughter Dr. Riyal Das (the alleged victim) alleging the commission of offences punishable under Sections 323/328/376/417 of the Indian Penal Code. The allegations leveled in the said complaint of Dr. Riyal Das are to the effect that:-

The petitioner exploited the victim mentally and physically for over a period of three years by being in a relationship with her, during which period, the petitioner allegedly made false promises of marrying her in the near future, however, the petitioner got married secretly without informing the victim about the same. That even after his marriage, the petitioner continued to be in regular contact with the victim and also continued with the said relationship in a normal manner, during the subsistence of the said relationship, it was alleged that the victim suffered multiple incidents of mental and physical abuse by the petitioner, including an occasion when she almost broke her hand and sustained serious injuries. It was alleged that on 2.11.2019, the petitioner met the victim, and got her intoxicated and thereafter the petitioner went ahead to have physical intercourse with the victim without her consent. It was further alleged that the petitioner also deleted their conversations on Facebook Messenger from the victim’s phone. It was alleged that on 26.11.2019, the victim came to learn that the marriage of the petitioner was fixed and was about to undergo a social marriage within the next few days.

3. On the basis of the aforesaid allegations, Survey Park Police Station Case No. 221 of 2019 dated 30.11.2019 under Sections 376/328/323/417 of the Indian Penal Code, was registered for investigation against the petitioner herein.

4. It is submitted by the petitioner that the story brought forward by the victim, is of a consensual relationship between two adults (though the same is denied and disputed by the petitioner).

5. Upon completion of investigation, the investigating agency submitted its report in final form being Charge Sheet No. 12/2020 dated 28.01.2020 under Sections 376/328/323/417 of the Indian Penal Code, against the petitioner.

6. Mr. Joydip Kar, learned senior counsel for the petitioner has submitted that it is exceedingly clear that on a conjoint reading of the written complaint along with the charge sheet, it would become palpable that there are no ingredients which would establish the case under Section 376/417 of the Indian Penal Code as well as the other penal sections. The victim in the instant case is an adult lady, and applying such aforementioned legal principle, the story projected by her (though fallacious and concocted) cannot be said to constitute an offence where consent has been taken by fraudulent means.

7. The impugned proceeding is a product of suppression of material facts, which has been purportedly suppressed by the Opposite Party No. 2 and the victim herein.

8. It is evident that the Opposite Party No. 2 has taken a spiteful attitude in respect of the petitioner herein thereby rendering further proceedings vulnerable in law.

9. That the allegations leveled in the First Information Report suffer from contradictions and absurdity and the prayer in the revision is for quashing of the proceedings in connection with ACGR Case No. 5731 of 2019, arising out of Survey Park Police Station Case No. 221 of 2019 dated 30.11.2019 under Sections 376/328/323/417