JUDGMENT :

CHAITALI CHATTERJEE DAS, J.

1. This revisional application has been filed for quashing of the chargesheet being chargesheet No. 185 of 2022 dated 31.7.2022 under Section 417/376/313/506 of the Indian Penal Code and the injured proceedings arising out of Shalbani Police Station Case No. 38/2022 dated 16.2.2022 which is presently pending before the Learned Chief Judicial Magistrate at Pashim Mednipore.

Factual Matrix of the case

2. The genesis of this case lies on a complaint lodged by the victim lady all 16.2.2022 with the Officer-in-Charge Shalbani Police Station alleging inter alia that she developed a friendship in the year 2017 with one her senior qua the present petitioner and pursuant to a proposal made on his behalf the romantic relationship developed between them. On March 10, 2018 the petitioner forced her to consume liquor and she lost her sense and next morning she found herself in a hotel room with the petitioner and understood of being raped not in conscious state of mind. Thereafter the petitioner promised her to marry and on such assurance she further continued such relation and went to Digha in the month of June 2018 and had sexual intimacy with the petitioner and thereafter also on several occasions went to the house of the petitioner as well as Hotels and spent nights and lastly after they returned from Goa, she got pregnant. The petitioner after being appraised of such fact compelled her to get an abortion with the assurance to marry her in future. Unfortunately the petitioner lastly refused to marry her and also threatened her to upload her photographs and videos lying in his laptop.

3. After the petitioner was arrested on 23.2.2022 in connection with this case a writ petition was filed by the mother of the present petitioner before the High Court and the petitioner was released by an order dated March 3, 2022 with certain terms and conditions. Challenging such order an appeal was preferred by the Opposite Party no. 2 before the Division Bench and after hearing the rival submissions, the Learned Division Bench of this court did not interfere with the order passed by the learned Single Bench. Meantime on completion of the investigation the charge sheet was submitted on 21.7.2022 against the petitioner and hence the petitioner has come before this court for quashing of the entire proceeding.

Submission

4. The learned Senior Advocate Mr Rajdeep Majumder appearing on behalf of the petitioner would submit that the factual scenario as depicted in this case clearly portrays the picture which runs contrary to the basic ingredients to constitute an offence punishable under Section 417/376/313/506 of the Indian penal code. The complainant/victim lady being major and educated lady voluntarily entered into a physical relationship being aware about the consequences and maintained that since 2017 till lodging of the FIR in the year 2022 .Despite alleging commission of offence of rape by the petitioner in the year 2018, forcing her to consume liquor and to take advantage of her inebriated condition again on the promise made to her to marry she continued with the relationship . No complaint was ever lodged by her who later on went with the petitioner to Digha, spent night with the petitioner on several dates and at different hotels including at the house of the petitioner and lastly went to Goa in the year 2020. Therefore with full consent they intimated with each other and hence question of misconception since inception of the relationship of false promises to marry never arises.

5. It is further argued that the incident of abortion as alleged are completely false and vexatious which is evident from the inconsistencies found on the face of the complaint as well as in the statements recorded under section 164 of the code of criminal procedure. That apart the alleged incident was of the year 2021 and after the abortion took place which was done with the consent of the complainant as well as the petitioner they spent toget