accused/petitioner asserted that the distance between them would make the bonding of love stronger and thus, she built trust in the mind of the complainant that their love would grow more. According to the complainant, some difference was created in their love relationship as the accused/petitioner had an extra love affair with one Dipankar Das and this is the man who helped the accused/petitioner arrange her accommodation during her higher studies and subsequently, the complainant came to know about such love affair. Such a love affair was discussed by the accused/petitioner with the complainant in the year, 2007 and she promised him that she would not repeat such a mistake again in her life.

5. According to the complainant, after getting pressure from the accused/petitioner, he went with the accused to several places in India, i.e., Mumbai, Himachal, Kolkata, Nainital and Jaipur and he had spent lots of money as per her wishes.

6. It is alleged that as the accused/petitioner proposed for marriage, she said that these trips to the above-noted places were their pre-marriage honeymoon trips. It is further alleged that in the year, 2008, the accused/petitioner informed the complainant that she was having some financial problems, she persuaded him to hand over the ATM card and the accused/petitioner used the ATM card of the complainant till 28.04.2016.

7. It is also alleged that at different points of time, the complainant deposited money in his account which was withdrawn immediately in New Delhi by the accused/ petitioner. According to the complainant, in the year, 2015 both of them verbally agreed to their marriage and with lots of trust and expectation, the complainant under the influence of the accused/ petitioner paid her an amount of Rs. 3,00,000/- in cash for purchasing clothes, jewellery, cosmetic and all other pre-marriage articles required for the bride. Thereafter, on the occasion of the complainant’s birthday party, in January 2016, both of them spent time in a Golf Resort and the accused/petitioner demanded a mobile phone from the complainant and accordingly, a mobile was gifted to her.

8. According to the complainant, in the year, 2016, the behaviour of the accused/petitioner changed drastically and at that point in time, she was engaged in another extra love affair with one ManashParatimBarua and the complainant did not have knowledge of such extra affair. Since January, 2016, the love relationship between the parties has deteriorated to a great extent.

9. Thereafter, the complainant lodged an FIR on 06.06.2016 which was registered as Jorhat P.S. Case No. 1128/2016 under Sections 294/506 IPC. Thereafter, on 29.06.2016, the accused/petitioner lodged an FIR which was registered as Jorhat P.S. Case No. 1294/2016 with some false allegations of demanding money, harassment, defamation etc. against the complainant. The complainant was arrested in connection with the aforesaid case. However, subsequently, he was released on bail.

10. Thereafter, the present complaint has been filed by the complainant. According to the complaint, he was being cheated, insulted and defamed in society when the accused/petitioner started courting “would be a husband”

(ManashPratimBorua)

11. It is further alleged that the mother of the accused demanded an amount of Rs.

70,00,000/- from the complainant using her aforesaid Jorhat P.S. Case No. 1294/2016 as a tool to extort money. It is contended that the accused/petitioner was punishable under Sections 120B/388/389/415/420/499/503/504 IPC.

12. The complainant examined as many as 4 (four) witnesses including the complainant himself during the enquiry by the learned Magistrate.

13. This Court has also perused the aforesaid statements of the witnesses. In the statement, the complainant also made a similar assertion. His statements are reproduced herein below:-

“I have filed a case against Moutushi Dey. I know her since 2003 since college. We had a love affair. In 2004, she went to Delhi for higher education.