JAYANTA BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 397/401 read with Section 482 of the Code of Criminal Procedure praying for quashing of the proceeding being S.C. Case No. 146 of 2011 corresponding to G.R. No. 3702/10 arising out of Dum Dum P.S. Case No. 336 dated 28.08.2010 under Sections 417/376/420 of the Indian Penal Code now pending in the Court of Learned Additional Sessions Judge, Fast Track 2nd Court at Barrackpore, North 24 Parganas.

(2.) The prosecution case, in short, is that the de facto complainant lost her husband on 16.11.01. She has been residing with her minor son at the residence of her husband. Taking advantage of her helpless condition after demise of her husband, his neighbour, that is, the petitioner herein, used to visit her house frequently. Thereafter, the accused promised to marry her and with such promise started cohabitation with her. The accused took money from her amounting to Rupees one lakh. Her relatives and the neighbours are very much aware of this relation between the victim and the accused. Towards the end of 2009 the victim asked the accused to marry her, but he avoided her and did not visit her house anymore. Subsequently, the accused married another lady. It has been alleged that for 7/8 years the accused cohabited with the victim.

(3.) After completion of the investigation, charge sheet has been submitted under section 417/376/493 IPC. Learned counsel appearing for the petitioner submits that the victim is an adult lady with a child and from the allegation it is quite clear that she had consented to cohabitation with the accused and, as such, the charges levelled against the petitioner herein are not maintainable. In this connection the learned counsel appearing for the petitioner has referred to the decisions [K.P. Thimmappa Gowda, Appellant vs. State of Karnataka, 2011 2 CalCriLR 698] [Amar Bahadur Singh, Appellant vs. State of U.P.,2011 2 CalCriLR 583].