Point of Law: Legal proposition in respect of quashing of FIR/Complaint and criminal proceeding under Section 482 Cr.P.C.

JUDGMENT :

1. Heard Mr. K. N. Choudury, learned senior counsel, assisted by Mr. S. Barthakur, learned counsel for the petitioner and also heard Mr. D. Das, learned Additional Public Prosecutor Assam for the respondent No. 1 and Mr. A. K. Bhuyan, learned counsel for the respondent No. 2.

2. This application, under Section 482 of the Criminal Procedure Code, is preferred by the petitioner-Shri Lakhinandan Gogoi for quashing the F.I.R of Dispur P.S. Case No. 3821/2021, under Sections 376/417 IPC and the Charge-Sheet dated 30.11.2021, filed under Sections 417/376/493 IPC against the petitioner.

3. The factual background leading to filing of this petition is briefly stated as under: -

“On 18.10.2021, the informant -Smti. X (name withheld) lodged one FIR with the Dispur Police Station to the effect that accused Shri Lakhinandan Gogoi was in relationship with her since 2019, during the last April he brought her to MBEES Apartment Flat No. 201 at Ganeshguri promising to marry her and both of them lived together as husband and wife in the said flat, thereafter, on 22.09.2021, the accused including his father, mother, uncle and aunt and elder people of the family came to discuss about the marriage and fixed 21.11.2021, as the date for solemnization of their marriage but on 15.10.2021, when all the arrangements of the marriage was being made and the invitation card was also printed then the accused through SMS informed her that he is not willing to marry her. It is also alleged that during their living together on many occasions he forcefully established physical relationship with her and after the SMS on 19.10.2021, while she came to the apartment, she found the accused left the apartment with all his belongings and in a pre-plan manner he disappeared and in pre-plan manner he caused harm to her physically, mentally and socially. Upon the said FIR, the O/C of Dispur police station registered Dispur P./S. Case No. 3821/2021 under Sections 417/376 IPC and endorsed S.I. Shri Abhijit Dihingia to investigate the case. The I.O then visited the place of occurrence, examined the witnesses and got the victim examined by Doctor and collected the report and on completion of investigation, and having found a prima-facie case, made out under Section 417/376/493 IPC, laid charge sheet against the petitioner, to stand trial in the Court under the said sections of law.”

4. Being aggrieved, the petitioner has approached this court by filing the present petition for quashing the FIR and the charge sheet of Dispur P./S. Case No. 3821/2021, under Sections 417/376 IPC on the ground that the FIR has been lodged by the informant to wreak vengeance on the petitioner, as the petitioner had turned down her offer to start a conjugal life and that at no point of time he did live with her in Flat No. 201 MBEES Apartment Flat at Ganeshguri as husband and wife and that he helped the informant on number of occasion on different humanitarian consideration he never developed soft corner towards her and though she insisted on a long standing relationship, the petitioner did not want to have such relationship and declined that offer and being agitated at his refusal she lodged the FIR with concocted story and that no ingredients of the offence under Sections 417/376/493 IPC is made out and she has stated contradictory fact and on the one hand she claims having lived together as husband and wife. On the other hand, she is claiming that the petitioner had established forceful physical relationship with her and as such under no stretch of imagination it can be said that under Sections 417/376 IPC are made out against him and assuming the allegations made in the FIR to be true, it can be while inferred that the alleged relation was quiet consensual in nature and as such under Section 417/376 IPC cannot be said to be made out against the petitioner, and the petitioner was arrested and granted bail in BA/2987/2021 and after perusal of the case diary, this Court was pleased to