In cases where the parties are in a consensual relationship and have arrived at a settlement, the court may quash the FIR and proceedings if the continuation of the proceedings would serve no useful purpose.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--Present petition has been filed seeking quashing of FIR No. 213/2013 dated 20.05.2013 registered under Sections 323/342/506/376 IPC at P.S. Gazipur. The said FIR was lodged at the instance of the respondent No.2/complainant.

2. Briefly stated the allegations as per the FIR are that the respondent No.2/complainant and the petitioner met online around 10 years before the filing of the FIR and developed a relationship. It has been alleged that the petitioner committed to marry the complainant and had an intimate relationship with the complainant on the false pretext of marriage. The petitioner tried to have sex with the complainant several times however she refused his advances and told him that they should get married first. It has been alleged that whenever they met, he forced her to indulge in intercourse forcibly and the same happened without her consent several times. It has been alleged that on 04.06.2012 the petitioner fooled the complainant of getting married to her and got married, however the petitioner did not get the marriage registered and continued to have oral sex with the complainant. It has been alleged that as the petitioner was avoiding the complainant for the last 10 days prior to the registration of the FIR, the complainant reached his house on 18.05.2013 at around 12:45 pm to inform his parents about his behavior and to seek support. However, the parents of the petitioner denied sharing the petitioner's whereabouts, locked the complainant, beat her up and threatened her of dire consequences. Somehow the complainant got out of the room and thereafter called the police to get the petitioner and his family members arrested. It has been alleged that even the brother of the petitioner misbehaved with the complainant. Basis the said complaint the present FIR was lodged against the petitioner herein and his family members.

3. Learned counsel for the petitioner submits that the present complaint had arisen out of misunderstandings between the parties. Learned counsel submits that the petitioner and complainant were both majors, known to each other and in a consensual relationship for several years before the registration of the FIR. It has been submitted that when the relationship turned sour, the present FIR came to be lodged. Briefly stated the facts as alleged in the petition are that when the petitioner joined his college, he came in contact with the complainant over Yahoo messenger in 2003 and a friendship developed between the parties. Thereafter the petitioner got placed elsewhere for work and the parties continued to remain in contact with each other through calls/Yahoo messenger. As time passed, the parties developed feelings for each other and wanted to marry each other. It has been alleged that the respondent No.2 pressurized the petitioner for marriage. However, due to fear and pressure from society and community, the petitioner refused the same. Learned counsel submits that as the petitioner was preparing for various government exams, he was unable to give time to the respondent No.2, which was misunderstood by her as him ignoring her, and she went to the house of the petitioner on 18.05.2013 in his absence and an altercation between her and his family members occurred which was reported as an incident of domestic violence.

4. Learned counsel submits that the petitioner moved an anticipatory bail application which was allowed by the learned ASJ vide order dated 07.06.2013. During the proceedings, the complainant placed on record certain documents regardingthe alleged marriage between her and the petitioner on 04.06.2012. The same is also recorded in the order dated 01.06.2013. Complainant supplied the police authorities with CD's, affidavits, and photographs of the alleged marriage between the parties. Investigation was complete and revealed that the marriage was solemnised between the parties. Thereafter, the Chargesheet was filed.

5. Thereafter, matter was l