JUDGMENT :

Shampa Dutt (Paul), J.

1. The revision has been preferred, praying for quashing of Dankuni Police Station Case No. 28 dated 19.03.2009, under Sections 493/376/313/109 of the Indian Penal Code being GR Case no. 208/2009, pending before the Learned Additional Chief Judicial Magistrate at Serampore District – Hooghly, in respect of the petitioner.

2. The petitioner’s case is that the Opposite Party No.2 filed a Written Complaint against petitioner No. 1’s son by alleging that his father (petitioner no. 3) along with petitioner No. 2, had given a marriage proposal to the father of opposite party no. 2. Thereafter as per the allegation made by the opposite party no. 2, petitioner no. 1’s brother took this opportunity and started a relationship with opposite party no. 2 and raped her several times on the proposal of marriage. After that according to the opposite party no. 2 she had conceived a child, which ended in a miscarriage. As alleged by the opposite party no. 2, the petitioner no. 1’s brother subsequently denied to marry her and so she lodged a written complaint and on the basis of the written complaint FIR being no. 28/09 dated 19.03.2009 was started under Sections 493/37